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Home Court filings United States v. Diane et al. (Ousmane Diane) Judgment — United States v. Lamine Komara

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

CourtU.S. District Court, Southern District of Ohio
Filed2024-03-04

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

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Case: 2:23-cr-00037-SDM Doc #: 171 Filed: 03/04/24 Page: 8 of 8  PAGEID #: 780

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