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Case docket

United States v. Diop McKenzie — U.S. District Court, M.D. Fla.

United States v. Diop McKenzie — 12 court filings in the archive from U.S. District Court, Middle District of Florida (Fort Myers Division), filed between August 23, 2023 and November 12, 2024. Among them: 2 notices, 2 motions and 1 indictment.

See also: United States v. Diop McKenzie — M.D. Fla., Fort Myers Division — the same docket (docket No. 2:23-cr-00088) under another case page, 27 public filings. Full docket →

Case facts

CourtU.S. District Court, Middle District of Florida (Fort Myers Division)
Filings12 public filings
Filed2023-08-23 – 2024-11-12
Document typesnotices (2), motions (2), indictment (1), response or reply (1), opinion (1), plea agreement (1)
Original PDFs12 of 12

Case summary

Diop McKenzie was indicted on August 23, 2023 in the U.S. District Court for the Middle District of Florida, Fort Myers Division, No. 2:23-cr-00088-SPC-KCD. His motion to suppress evidence was denied on April 24, 2024. Under a plea agreement filed May 29, 2024, which sets out the Paycheck Protection Program and the Economic Injury Disaster Loan program, he pleaded guilty to counts one, four and five: bank fraud, wire fraud and aggravated identity theft. Sentence was imposed September 9, 2024: 45 months' imprisonment, made up of 21 months on counts one and four concurrently and 24 months on count five consecutive, three years of supervised release and a $300 assessment, with restitution deferred. Restitution of $133,339.84 was ordered at the sentencing hearing.

Case at a glance

Defendant(s)Diop McKenzie
Court and docketU.S. District Court, Middle District of Florida, Fort Myers Division, No. 2:23-cr-00088-SPC-KCD
ProgramPaycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program
ChargesBank fraud, 18 U.S.C. §§ 1344 and 2 (count one, concluded May 5, 2020); wire fraud, 18 U.S.C. §§ 1343 and 2 (count four, concluded July 2, 2020); aggravated identity theft, 18 U.S.C. §§ 1028A(a)(1) and 2 (count five)
Outcome and sentencePleaded guilty to counts one, four and five; 45 months' imprisonment, three years of supervised release, a $300 assessment, fine waived, restitution of $133,339.84; order of forfeiture of $117,832
Counts of convictionPleaded guilty to counts one, four and five of the indictment: bank fraud, 18 U.S.C. §§ 1344 and 2, concluded May 5, 2020, count one; wire fraud, 18 U.S.C. §§ 1343 and 2, concluded July 2, 2020, count four; aggravated identity theft, 18 U.S.C. §§ 1028A(a)(1) and 2, concluded September 30, 2020, count five; counts two and three dismissed on the motion of the United States; date of imposition of judgment September 9, 2024 (judgment of September 12, 2024, p. 1)
Sentence imposed45 months' imprisonment: 21 months on counts one and four, concurrent, and 24 months on count five, consecutive to counts one and four (p. 2); three years of supervised release, consisting of three years on counts one and four and one year on count five, concurrent (p. 3)
RestitutionPrinted as "Deferred" in the totals line, the determination deferred until November 18, 2024 at 1:30pm with an amended judgment (AO 245C) to follow; the payee table lists Small Business Administration $133,339.84 and D.J., M.D, K.V. (K.G.) and Celtic Bank Bluevine as "TBD"; interest waived (p. 6). The $133,339.84 stated above is that payee line
Fine and assessmentSpecial assessment $300.00, due immediately; fine waived (p. 6)
Forfeiture"those assets previously identified in the Order of Forfeiture (Doc. 77)" (p. 7); Doc. 77 is the order of forfeiture of August 5, 2024 published on this page, which grants the government's motion for forfeiture of $117,832, the figure in the outcome row
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

How is the 45-month term made up?

Twenty-one months on counts one and four, each to run concurrently, and 24 months on count five, to run consecutively to counts one and four. Supervised release is three years on counts one and four and one year on count five, all concurrent.

What was the order of forfeiture?

The order of August 5, 2024 records that the government sought forfeiture of $117,832, the amount the court found McKenzie obtained as a result of the bank and wire fraud offenses charged in counts one and four.

What happened with restitution?

The judgment deferred restitution to a hearing set for November 18, 2024 and listed the Small Business Administration as a payee for $133,339.84, with other payees to be determined. On November 12, 2024 the United States filed a notice withdrawing its request for further restitution, recording that at the September 9, 2024 sentencing the court had ordered restitution in that amount.

Summary written from the documents on this page; every sentence is sourced.

Filings

12 public filings from this case, in filing-date order.

  1. Indictment — United States v. Diop McKenzieIndictment · PDF
  2. Notice to the Court Regarding Forfeiture — United States v. Diop McKenzie (M.D. Fla.)Notice · PDF
  3. Motion to Suppress Evidence and Memorandum of Law — United States v. Diop McKenzie (M.D. Fla.)Motion · PDF
  4. Government's Response in Opposition to the Defendant's Motion to Suppress Evidence — United States v. Diop McKenzie (M.D. Fla.)Response or reply · PDF
  5. Opinion and Order — United States v. Diop McKenzie (M.D. Fla.)Opinion · PDF
  6. Plea Agreement — United States v. Diop McKenzie (M.D. Fla.)Plea agreement · PDF
  7. Motion for Order of Forfeiture - United States v. Diop McKenzieMotion · PDF
  8. Order of Forfeiture — United States v. Diop McKenzieOrder · PDF
  9. Sentencing Memorandum; Memorandum in Support of Guideline Objection; and Motion for a Downward Variance — United States v. Diop McKenzie (M.D. Fla.)Sentencing memorandum · PDF
  10. Appendix to Sentencing Memorandum — United States v. Diop McKenzie (M.D. Fla.)Exhibit · PDF
  11. Judgment in a Criminal Case — United States v. Diop McKenzieJudgment · PDF
  12. Notice of Withdrawal of Request for Further Restitution — United States v. Diop McKenzie (M.D. Fla.)Notice · PDF

Other cases in the archive from U.S. District Court, Middle District of Florida (Fort Myers Division).

Court, dates and docket numbers are as recorded on the filings.

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