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Home Court filings USA v. Cisternino — U.S. District Court, M.D. Fla., Orlando Division Minutes on Sentencing

Court filing

Minutes on Sentencing

Record facts

CourtU.S. District Court for the Middle District of Florida
Filed2023-01-11

U.S. District Court for the Middle District of Florida · No. 6:21-cr-00016-AGM-DCI · Doc. 44 · 2023-01-11 · Docket on CourtListener

Summary

Minutes on sentencing in United States v. Don V. Cisternino, No. 6:21-cr-00016-AGM-DCI, in the U.S. District Court for the Middle District of Florida, filed January 11, 2023 as Doc. 44 before Judge Wendy W. Berger. The minutes record a sentence imposed on Counts Two, Three and Eight of the Indictment, with the remaining counts dismissed under the Plea Agreement. They list incarceration of 102 months, made up of a 78-month term and a consecutive 24-month term, followed by 3 years of supervised release with special conditions. The fine is waived, a special assessment of $300.00 is due, and restitution of $7,445,855.89 is payable to the United States Small Business Administration. The minutes also order forfeiture of assets identified at Doc. 37 and remand the defendant to the United States Marshal.

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Full text

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
 
 
UNITED STATES OF AMERICA 
 
VS. 
CASE NO: 6:21-cr-16-WWB-DCI 
 
DON V. CISTERNINO 
 
JUDGE: 
Wendy W. Berger 
COUNSEL FOR 
GOVERNMENT: 
Chauncey Arthur Bratt 
DEPUTY CLERK: 
Regina Fermer 
COUNSEL FOR 
DEFENDANT: 
Michael Shay Ryan 
COURT 
REPORTER: 
Heather Suarez 
heathersuarez.usocr@gmail.com 
PRETRIAL/PROBATION: 
Omayra Hernandez 
SCHEDULED 
DATE/TIME: 
January 11, 2023  
10:35am-12:12pm 
Total Time: 1 hour 37 minutes 
INTERPRETER: 
N/A 
 
MINUTES ON SENTENCING 
 
Defendant placed under oath. 
 
SENTENCE IMPOSED as to Counts Two, Three, and Eight of the Indictment. 
 
 
Counts One, Four, Five, Six, and Seven are DISMISSED in accordance with the Plea 
Agreement. 
 
INCARCERATION: One hundred two (102) months. This term consists of a 78-month 
term as to Counts Two and Eight, concurrent with each other, and a 24-month term as 
to Count Three, to be served consecutive to all other counts. 
 
SUPERVISED RELEASE: 3 years. This term consists of a 3-year term as to Counts 
Two and Eight and a 1-year term as to Count Three, all such terms to run concurrently. 
 
Special conditions of supervised release: 
 
Mandatory drug testing requirements are imposed.  
 
Drug aftercare conditions imposed. 
 
Mental health treatment conditions imposed. 
 
Credit conditions imposed. 
Defendant shall cooperate in the collection of DNA. 
 
 
FINE and cost of imprisonment are waived. 
 
SPECIAL ASSESSMENT of $300.00 is due immediately. 
 
Case 6:21-cr-00016-AGM-DCI     Document 44     Filed 01/11/23     Page 1 of 2 PageID 239

- 2 - 
 
RESTITUTION: AMOUNT $7,445,855.89, payable to the United States Small Business 
Administration, Court Ordered Restitution, 721 19th Street, 3rd Floor, Room 301, Denver, 
Colorado 80202.     
 
FORFEITURE ORDERED of those assets identified in the Preliminary Order of 
Forfeiture entered at Doc. 37. 
 
 
The defendant is remanded to the custody of the United States Marshal. 
 
The Court recommends to the Bureau of Prisons that the defendant be placed at FCI 
Coleman, or any other facility in the state of Florida, shall participate in the Residential 
Drug Abuse Program (RDAP), and any available culinary vocational training. 
 
Defendant advised of right to appeal. 
 
Case 6:21-cr-00016-AGM-DCI     Document 44     Filed 01/11/23     Page 2 of 2 PageID 240

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