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Home Court filings United States v. Diop McKenzie

Case docket

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

United States v. Diop McKenzie — U.S. District Court, M.D. Fla. — 44 documents in the archive, dated August 23, 2023 to November 12, 2024.

Case facts

CourtU.S. District Court, Middle District of Florida (Fort Myers Division)
Docket numberNo. 2:23-cr-00088 — main docket · CourtListener docket 417659
Filings44 public filings
Filed2023-08-23 – 2024-11-12
Original PDFs44 of 44

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.

Docket

44 documents in docket-entry order; attachments follow their entry. Gaps name the entries we do not have.

No. 2:23-cr-00088

  1. Indictment — United States v. Diop McKenzieEntry 1
  2. —Entries 2–3 are not in the archive
  3. Notice of Appearance — United States of America v. Diop McKenzie, Case No. 2:23-cr-88-SPC-KCD (Document 4)Entry 4
  4. Notice to the Court Regarding Forfeiture — United States v. Diop McKenzie (M.D. Fla.)Entry 5
  5. Clerk's Minutes — Initial Appearance (filed 2023-09-19)Entry 6
  6. —Entry 7 is not in the archive
  7. Order Appointing Federal Public Defender (filed 2023-09-19)Entry 8
  8. —Entries 9–11 are not in the archive
  9. ORDER Setting Conditions of Release — USA v. McKenzie (Dkt. 12)Entry 12
  10. Arrest Warrant — United States of America v. Diop McKenzie (AO 442)Entry 13
  11. —Entry 14 is not in the archive
  12. Notice of Appearance and Substitution of Counsel (Doc. 15, filed 2023-09-21)Entry 15
  13. WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Diop… — USA v. McKenzie (Dkt. 16)Entry 16
  14. —Entries 17–18 are not in the archive
  15. Scheduling Order as to Diop McKenzie Status Conference set — USA v. McKenzie (Dkt. 19, M.D. Fla.)Entry 19
  16. —Entries 20–21 are not in the archive
  17. Notice of Discovery Response by USA as to Diop McKenzie — USA v. McKenzie (Dkt. 22, M.D. Fla.)Entry 22
  18. Discovery Letter — USA v. McKenzie (Dkt. 22-1, M.D. Fla.)Entry 22, attachment 1
  19. Status Conference (Teleconference) — United States of America v. Diop McKenzie, Case No. 2:23-cr-88-SPC-KCD (Document 23)Entry 23
  20. —Entries 24–28 are not in the archive
  21. Motion of Withdrawal — USA v. McKenzie (M.D. Fla.)Entry 29
  22. —Entries 30–31 are not in the archive
  23. Clerk's Minutes — Bond Revocation — USA v. McKenzie (M.D. Fla.)Entry 32
  24. ORDER Modifying Conditions of Release — USA v. McKenzie (Dkt. 33)Entry 33
  25. —Entry 34 is not in the archive
  26. Status Conference (Teleconference) — United States of America v. Diop McKenzie, Case No. 2:23-cr-88-SPC-KCD (Document 35)Entry 35
  27. —Entries 36–37 are not in the archive
  28. Unopposed Motion for Leave to File Document Pre-Trial Motion to Suppress — USA v. McKenzie (Dkt. 38, M.D. Fla.)Entry 38
  29. —Entries 39–44 are not in the archive
  30. Motion to Suppress Evidence and Memorandum of Law — United States v. Diop McKenzie (M.D. Fla.)Entry 45
  31. —Entry 46 is not in the archive
  32. Scheduling Order as to Diop McKenzie — USA v. McKenzie (Dkt. 47, M.D. Fla.)Entry 47
  33. Status Conference (Teleconference) — United States of America v. Diop McKenzie, Case No. 2:23-cr-88-SPC-KCD (Document 48)Entry 48
  34. —Entries 49–50 are not in the archive
  35. Government's Response in Opposition to the Defendant's Motion to Suppress EvidenceEntry 51
  36. —Entries 52–54 are not in the archive
  37. Amended Scheduling Order as to Diop McKenzie Motion to Suppress Hearing set — USA v. McKenzie (Dkt. 55, M.D. Fla.)Entry 55
  38. Status Conference — United States of America v. Diop McKenzie, Case No. 2:23-cr-88-SPC-KCD (Document 56)Entry 56
  39. —Entries 57–58 are not in the archive
  40. WITNESS LIST by Diop McKenzie — USA v. McKenzie (Dkt. 59)Entry 59
  41. EXHIBIT LIST by Diop McKenzie — USA v. McKenzie (Dkt. 60)Entry 60
  42. Exhibit List by USA as to Diop McKenzie — USA v. McKenzie (Dkt. 61, M.D. Fla.)Entry 61
  43. Witness List by USA as to Diop McKenzie — USA v. McKenzie (Dkt. 62, M.D. Fla.)Entry 62
  44. Suppression Hearing Minutes — USA v. McKenzie (M.D. Fla.)Entry 63
  45. Opinion and Order — United States v. Diop McKenzie (M.D. Fla.)Entry 64
  46. Status Conference (Teleconference) — United States of America v. Diop McKenzie, Case No. 2:23-cr-88-SPC-KCD (Document 65)Entry 65
  47. CONSENT regarding entry of a plea of guilty , and waiver of objection to report and… — USA v. McKenzie (Dkt. 66)Entry 66
  48. Plea Agreement — United States v. Diop McKenzie (M.D. Fla.)Entry 67
  49. WAIVER of OBJECTION TO REPORT AND RECOMMENDATION by USA as to Diop McKenzie — USA v. McKenzie (Dkt. 68)Entry 68
  50. —Entry 69 is not in the archive
  51. Clerk's Minutes — Plea Hearing (Guilty) — USA v. McKenzie (M.D. Fla.)Entry 70
  52. REPORT AND RECOMMENDATIONS Concerning Plea of Guilty re: count(s) 1, 4, and 5 of the… — USA v. McKenzie (Dkt. 71)Entry 71
  53. —Entries 72–73 are not in the archive
  54. Sentencing Scheduling Order — USA v. McKenzie (Dkt. 74, M.D. Fla.)Entry 74
  55. Motion for Order of Forfeiture - United States v. Diop McKenzieEntry 75
  56. —Entry 76 is not in the archive
  57. Order of Forfeiture — United States v. Diop McKenzieEntry 77
  58. —Entries 78–79 are not in the archive
  59. Sentencing Memorandum; Memorandum in Support of Guideline Objection; and Motion for a Downward VarianceEntry 80
  60. Appendix to Sentencing Memorandum — United States v. Diop McKenzie (M.D. Fla.)Entry 80, attachment 1
  61. Sentencing Minutes — USA v. McKenzie (Dkt. 81, M.D. Fla.)Entry 81
  62. Judgment in a Criminal Case — United States v. Diop McKenzieEntry 82
  63. —Entries 83–84 are not in the archive
  64. Notice of Withdrawal of Request for Further Restitution — United States v. Diop McKenzie (M.D. Fla.)Entry 85

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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