Court filing
Judgment — United States v. Lamine Komara
Filed March 4, 2024 in U.S. v. Diane; one of 4 filings from this case.
Record facts
| Court | U.S. District Court, Southern District of Ohio |
|---|---|
| Filed | 2024-03-04 |
U.S. District Court, Southern District of Ohio · No. 2:23-cr-00037-SDM · Doc. 171 · 2024-03-04 · Docket on CourtListener
Full text
1 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 1 UNITED STATES OF AMERICA V. Lamine Komara UNITED STATES DISTRICT COURT Southern District of Ohio JUDGMENT IN A CRIMINAL CASE THE DEFENDANT: @3 pleaded guilty to count(s) 1 of the Indictment D pleaded nolo contendere to count(s) which was accepted by the court. D was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section Nature of Offense 18U. S.C. §1349 Case Number: 2:23cr37(7) USM Number: 45303-510 Brian D. Joslyn Defendant's Attorney Conspiracy to Commit Wire Fraud Offense Ended 6/30/2021 Count 1 The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. D The defendant has been found not guilty on count(s) DCount(s) D is D are dismissed on the motion of the United States. It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailmgaddress'untiTailTmes, 7estitution,~c^ special assessments imposed by this judgment are fully paid: If ordered to pay restitution, fhe~defen3ant must notify the court and United States attorney of material ch'anges in economic circumstances. 2/29/2024 Date of Imposition Judgmen Si re of Judge Michael H. Watson, United States District Judge Name and Title o Judge 0 0 0^- Date Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 1 of 8 PAGEID #: 773 *AO 245B (Rev. 09/19) Judgment in Criminal Case Sheet 2 - Imprisonment DEFENDANT: Lamine Komara CASE NUMBER: 2:23cr37(7) Judgment-Page of IMPRISONMENT The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total temi of: 1 day D The court makes the following recommendations to the Bureau of Prisons: D The defendant is remanded to the custody of the United States Marshal. D The defendant shall surrender to the United States Marshal for this distoict: a at D a.m. D p.m. on D as notified by the United States Marshal. D The defendant shall siirrender for service of sentence at the institution designated by the Bureau of Prisons: D before 2 p.m. on D as notified by the United States Marshal. D as notified by the Probation or Pretrial Services Office. RETURN I have executed this judgment as follows: Defendant delivered on to at , with a certified copy of this judgment. UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 2 of 8 PAGEID #: 774 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 3 - Supervised Release DEFENDANT: Lamine Komara CASE NUMBER: 2:23cr37(7) SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a tenn of: 3 years Judgment-Page of MANDATORY CONDITIONS 1. You must not commit another federal, state or local crime. 2. You must not unlawfully possess a controlled substance. 3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from unprisonment and at least two periodic drug tests thereafter, as determined by the court. 0 The above drug testmg condition is suspended, based on fhe court's determination that you pose a low risk of future substance abuse, (check if applicable) 4. 0 You must make restitution in accordance with 18 U. S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of restitution, (check if applicable) 5. Bl You must cooperate in the collection ofDNA as directed by the probation officer. (check if applicable) 6. D You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901 , et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) 7. D You must participate in an approved program for domestic violence, (check if applicable) You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached page. Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 3 of 8 PAGEID #: 775 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 3A- Supervised Release DEFENDANT: Lamine Komara CASE NUMBER: 2:23cr37(7) Judgment-Page of STANDARD CONDITIONS OF SUPERVISION As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation ofificers to keep infonned, report to the court about, and bring about improvements in your conduct and condition. 1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours ofyour release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time fi^me. 2. After initially reporting to the probation ofiTice, you will receive mstmctions from the court or the probation officer about how when you must report to the probation ofificer, and you must report to the probation officer as instmcted. 3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. 4. You must answer truthfully the questions asked by your probation officer. 5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifyi ng the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours ofbecommg aware of a change or expected change. 6. You must allow the probation officer to visit you at any time at your home or elsewhere and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view. 7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from domg so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities'), you must'notify the probation ofRcer at least 10 days before fhe chmge. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly conamimicate or interact with that person without first getting the pennission of the probation officer. 9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 10. You must not own, possess, or have access to a firearm, ammunition, destmctive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to mother person such as nunchakus or lasers). 11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the pennission of the court. 12. If the'probation officer determines that you pose a risk to another person (includmg an orgamization), the probation ofRcer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confmn that you have notified the person about the risk. 13. You must follow the instructions of the probation officer related to the conditions of supervision. U.S. Probation Office Use Only A U.S. probation ofiRcer has instructed me on the conditions specified by the court and has provided me witfi a written copj offhis judgment containing these conditions. For further infomiationregardmg these conditions, see Overview of Probation and Supervised Release Conditions, available at; www.uscourts. ov. Defendant's Signature Date Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 4 of 8 PAGEID #: 776 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 3D - Supervised Release DEFENDANT: Lamine Komara CASE NUMBER: 2:23cr37(7) Judgment-Page SPECIAL CONDITIONS OF SUPERVISION 1.) The defendant shall provide access to his financial information and not obtain any new credit or make any major purchases until his financial obligations have been met in full, at the discretion of the Probation Officer Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 5 of 8 PAGEID #: 777 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 5 - Criminal Monetary Penalties DEFENDANT: Lamine Komara CASE NUMBER: 2:23cr37(7) Judgment-Page of CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. TOTALS Assessment $ 100.00 Restitution $ 20,000.00 Fine AVAA Assessment* JVTA Assessment** $ $ D The determination of restitution is deferred until entered after such determination. An Amended Judgment in a Criminal Case (AO 245C) will be D The defendant must make restitution (including community restitution) to the following payees in the amount listed below. If the defendant makes a partial payment, each payee shall receive an approximatelxproEortioned payment, miless specified otherwise in column fcelow. However, pursuant to IStT.S.C. § 3 6640),'all nonfederal victims must the priority order or percentage payment i before the'United States is paid." Name of Pa ec SBA Finance Center Denver Finance Center 721 19th Street, 3rd Floor Denver CO 80202-2500 Total Loss*** Restitution Ordered Priorit orPercenta e $20,000.00 $20,000.00 TOTALS 20, 000. 00 20, 000. 00 D Restitution amount ordered pursuant to plea agreement $ D The defendant must pay interest on restitution and a fme of more than $2,500, unless the restitution or fme is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U. S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). B] The court determined that the defendant does not have the ability to pay interest and it is ordered that: 0 the interest requirement is waived for the D fme 0 restitution. D the interest requirement for the D fme D restitution is modified as follows: * Amv. Vickv. and Andv Child Pornography Victun Assistance Act of 2018, Pub. L. No. 1 15-299. **Jus^ce7OTVTcTims~o affickmg\Tcto^^^ _"; , _ , _. .,, _ _,^, _, ",__ _^.__. _ "_".., ***Findinss for'theTotalanounfoT losses are required under Chapters 109A, 110, 1 IDA, and 113A of Title 18 for offenses or after Sept ember 13, 1994, but before April 23, 1996. Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 6 of 8 PAGEID #: 778 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 6 - Schedule of Payments DEFENDANT: Lamine Komara CASE NUMBER: 2:23ef37(7) Judgment - Page of SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: A ^ Lump sum payment of $ 20100. 00 due immediately, balance due D not later than , or D in accordance with Q C, D D, Q E, or Q F below; or B D Payment to begin immediately (may be combined with DC, D D, or D F below); or C D Payment in equal (e. g., -weekly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days} after the date of this judgment; or D D Payment in equal (e.g., weekly, monthly, quarterly) instalhnents of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or E D Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or F 0 Special instructions regarding the payment of criminal monetary penalties: Restitution is due immediately with any unpaid balance to be paid in the amount of not less than 10% of the defendant's net income per month. Unless the court has expressly ordered otherwise, ifthisjudjgment imposes imprisonment, payment of criminal monetary penalties is due during the penod_of impnsomnent. All criminal monetary penalties, except those'payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the coiirt. The defendant shall receive credit for all payments previously made toward any crimmal monetary penalties imposed. [71 Joint and Several Case Number Defendant and Co-Defendant Names (including defendant number) 2:23cr37(1) Ousmane Diane Total Amount 20,000.00 Joint and Several Amount 20,000.00 Corresponding Payee, if appropriate D The defendant shall pay the cost of prosecution. D The defendant shall pay the following court cost(s): D The defendant shall forfeit the defendant's interest in the following property to the United States: Payments shall be appHed in the following order: (1) assessment, (2) restitution principal, (3) restitution mterest, (4) AVAA assessment, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, mcluding cost of prosecution arid court costs. Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 7 of 8 PAGEID #: 779 ^^^^"'wmcrcomr CTWOSO x 3BBCT4mnwr^m" DISTRIBUTION OF J JUDffl WAND COAOWraffiNT WS^SIAm NTOP~^O^AGB AND TSEDENIAL OF PEOERAL'Bm^ PAGEjESLIMmmm DjBRENSE COUNSEL UWIED STATES AlTOJWEy USA'S TOMNOAL LmGATJONV T WTIS) STATES PROBATION Wri^ STATES PREISUL ^?SOT^SWTCT^o5Sfflflssr(w <B7A TB^^affi^N^'^^B raDERAZ, BUSEAU QFJW^Nsf 7SBdQtK. OFC30lU83^W^WWTAWTSEOSFKaALVSSSSW QP AND fiSAI®IWA£BCTaffiMCA320N^^myBlOM TSBfOBLSCCMSSa£ Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 8 of 8 PAGEID #: 780
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