Appendix to Sentencing Memorandum — United States v. Diop McKenzie (M.D. Fla.)

Record facts

U.S. District Court, Middle District of Florida (Fort Myers Division) · No. 2:23-cr-00088 · Doc. 80-1 · 2024-09-05 · Docket on CourtListener

Full text

UNITED STATES VS. DIOP MCKENZIE 
2:23-CR-88-SPC-KCD 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RUSSELL K. ROSENTHAL, ESQ. 
ASSISTANT FEDERAL DEFENDER 
2075 WEST FIRST STREET, SUITE 300 
FORT MYERS, FLORIDA 33901 
TELEPHONE: (239) 334-0397 
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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA  
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA, 
 
V. 
 
  
 
 
 
 
    CASE NO. 2:23-CR-88-SPC-KCD 
 
DIOP MCKENZIE 
                                           / 
 
APPENDIX 
 
DIOP MCKENZIE’S LETTER TO THE COURT ........................................................... A 
 
CHARACTER LETTERS 
 
ISABEL VALENZUELA ............................................................................................. B 
MICHAEL MCKENZIE............................................................................................. C 
RENAT LIRANZO .................................................................................................... D 
KRISTINA STEWART ............................................................................................... E 
LINDSAY NEAL ...................................................................................................... F 
 
 
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Diop Mckenzie 
August28,2024 
Re: United States Of America v. Diop Mckenzie 
Dear Judge Sheri Polster Chappell 
My name is Diop McKenzie & I stole approximately two hundred and thirty seven 
thousand dollars from the United States government during one of the most perilous times our 
nation has faced in recent history. I am not writing this letter to request leniency nor justify my 
criminal actions. To the contrary, I believe that every man should be held accountable for his 
own actions, even when it comes to myself. To be clear, as an imperfect man who strives to 
carry himself with integrity, I condemn stealing in any circumstance and believe it's a coward's 
way out of a less favorable situation. My intent with this letter is to give you the most accurate 
depiction of my character as well as shed some light on what led up to me standing as a 
defendant in your courtroom. 
I grew up with a single mom on the rougher side of South Florida, Lauderhill to be exact. 
I had an awesome mother, I swear that lady would jump in front of a moving train to save me. 
But unfortunately, she had to work two jobs to make ends meet all while trying to go to college 
online to provide a better life for my brother and I. That resulted in me being home alone most of 
the time and inevitably spending a lot of time "running the streets" and "raising myself." Growing 
up I had dreams of becoming a professional basketball player, as my dad played professionally 
in Puerto Rico. Right before high school my mother had received a job offer from Keiser 
University in Fort Myers which led us to moving to Cape Coral around 2007. 
At this point I was thirteen years old. It was a bit of a shell shock coming from where I 
was raised to Cape Coral, which at the time seemed like a quiet suburb. The crime, gangs, and 
overall rougher environment from where I was raised was virtually non-existent in Cape Coral. 
For the first time ever we had our own house and life was peaceful. 
Unfortunately, bad habits die hard. I was a talented basketball player and played on 
travel basketball teams during the summer and for my school during the school year. Basketball 
kept me out of trouble, but being in the environment I was until I was thirteen definitely aided in 
me developing a few bad characteristics. Upon starting school in Cape Coral I initially felt like an 
outcast. Everybody here spoke differently than I did, dressed differently and we just had little in 
common. In search of a place to fit in I started acting out in school and quickly found myself 
expelled and assigned to the Alternative Learning Center for troubled students. 
Ever heard the term "a familiar face is a comfortable place?" Well upon arriving at the 
Alternative Learning Center I oddly felt at home, the kids there were from similar backgrounds 
as me and I would end up carrying my friend group from that school into high school and 
beyond. Fast forward to 2011 and it's my junior year in high school. I found myself with just two 
credits of the twenty two I needed to graduate. This wasn't a result of my inability to pass my 
A
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classes but instead I had failed the majority of my classes by having poor attendance. Despite 
being placed in all advanced classes I was constantly skipping class to go play basketball in the 
gym or hit the weights in the school weight room. 
Realizing I would never be able to graduate on time and my dreams of playing college 
and professional basketball were quickly going down the drain, I came up with a plan. The plan 
was to withdraw from high school, get my G.E.D and score high enough on my S.A.T to apply 
and be accepted into Florida Gulf Coast University. Confident in my basketball abilities, once 
accepted into FGCU I was going to try to get a "walk on" spot on their basketball team. Colleges 
allow one "non-scholarship" spot on their basketball team and I was determined to get that spot. 
So in 2011 I withdrew from Island Coast High School. In the following weeks I quickly 
scheduled and passed my G.E.D. So far things are going as planned. About two months later I 
scheduled my S.A.T. Everything was riding on this one test, having a G.E.D meant that I needed 
a higher score than other applicants to be accepted because I didn't have any highschool 
transcripts to show them like the rest of the applicants. 
I was scheduled to take my exam on a Saturday at seven in the morning. That night I 
went to bed around eleven and set the alarm on my phone for five thirty. I woke up Saturday 
morning in a panic, staring at my phone as it was 7:45 am. I never took my phone off "do not 
disturb" mode the night before when I was doing some last minute studying. The next test date 
was after the application deadline for FGCU, this was the last test date I had to apply in time. 
My plan had failed. Over the next few months I relentlessly contacted college coaches all over 
the country from Florida to New York. Nobody was interested in a seventeen year old 
highschool dropout with no S.A.T scores for highschool transcripts. 
To say I was devastated would be an understatement. I had a front row seat to watch my 
life long dream go down the drain. At this point I had turned eighteen. This would end up being 
the beginning of me going down the wrong path. For a few months I did what any eighteen year 
old would do, I went to parties, hung out with friends and just lived life. But I always wanted 
more out of life, I wanted to maximize my potential and make a change; potentially on a global 
scale. That's when I decided to join the military. 
I quickly stopped the pity party for myself and got back to business. I had decided I 
wanted to join the Army and try out for the United States Army Special Forces. One of our 
military's most elite combat units. Things started to look positive again and I was stoked at the 
possibility of serving my country at the highest level. After about a month of going back and forth 
with my recruiter, getting paperwork in order and taking the military entrance exam, I received a 
phone call from my recruiter. He told me that with my vision not only would I not be eligible to try 
out for Army Special Forces but I wouldn't be able to enlist in the Army at all. I had been legally 
blind my entire life but with my contact lenses my vision was correctable to almost perfect so I 
never thought it would be an issue. Nobody would even know I was wearing contact lenses 
unless I told them. 
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After visiting four different ophthalmologists they all came to the same conclusion. "At 
only eighteen years old they did not feel comfortable doing lasik surgery on me as my cornea 
was not fully developed yet." Again I felt completely devastated. But determined to be 
successful in life I refused to have a pity party with myself and kept on pushing. I got a job at 
Fuccillo Kia in Cape Coral as a car salesman and enrolled at FSW (formerly Edison state 
college) and decided to major in pre-law with a goal of becoming an attorney and working in 
corporate law. 
Around this time I began dating my first wife. She eventually became pregnant and had 
my first son Nolan McKenzie. Things became hard very quickly. My wife stayed home taking 
care of our son Nolan while I worked and went to school to provide a good life for us. I 
eventually made the decision that I had to put college on hold and work full time to take care of 
my family. We had three children together, of which one (Kanan) is severely autistic and 
required my wife's full attention. I was a young father with a G.E.D and limited work experience 
trying to take care of a whole family. 
With mounting financial pressure from expenses and medical bills for our son and the 
normal 9-5 just not paying enough anymore. I decided to start a carpentry company repairing 
old rotted decks. A series of bad decisions on my behalf in conjunction with being desperate to 
not fail as a provider led to me racking up criminal charges such as unlicensed contracting and 
grand theft. Throughout the years of our marriage we would struggle financially, being evicted 
over ten times in a five year span. This would all lead to our eventual divorce in 2019. 
In 2019 at the age of twenty five years old I found myself divorced with four children, a 
criminal record, an absurd amount of credit card debt and child support bills coming in faster 
than I could pay. I knew I needed to do something. I refused to just be a deadbeat father and a 
failure. After a few months of brainstorming I decided to start my own real estate firm and called 
it "McKenzie Acquisitions." The whole idea revolved around a concept called "Real Estate 
Wholesaling" and does not require you to be a licensed real estate agent. 
I registered the company in September of 2019 and by December of 2019 was ready to 
start marketing and advertising. In the coming weeks as I officially started operating my 
business, the coronavirus rolled in and flipped the whole world upside down. I had heard about 
the "PPP" loans but knew I didn't qualify as I hadn't even made a dollar in revenue yet. But, 
being in an odd state of mind as I had just lost my family to divorce a few months prior, being 
under extreme financial distress and facing another eviction, I did it. I fraudulently inflated my 
new company's income and forged documents to receive a twenty thousand dollar PPP loan. 
Upon receiving that first PPP loan, for the first time in years I didn't feel like a failure. I 
was able to take my son Kanan to Dr. David Berger, one of the top Autism Specialists in the 
Country. I was finally able to get up in the middle of the night and walk to the kitchen without 
bumping into a wall as I had paid four thousand dollars for corrective eye surgery at Collin's 
Vision in Fort Myers and was no longer legally blind. For the first time since I was a teenager I 
felt like I could breathe again, I didn't feel like a failure. Unfortunately, I took the coward's way 
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out and I still regret that till this very day. I believe that a real man should struggle through 
adversity and figure out an ethical solution. I hold to the principle that stealing for your own 
financial gain is a coward's way out. 
Over the next few months I would repeat the same crime using information of random 
people I found on the internet. I became greedy and selfish. I became addicted, not addicted to 
the money but addicted to the false feeling of success the money had given me. I had told 
everyone around me the money was coming in from my booming real estate business. 
In reality, I was nothing but a failure and a fraud who took the easy way out. Disgusted 
with my actions and feeling like a fraud I vowed to become a successful and honorable man. 
Two years had passed by and I was never contacted by a detective, indicted or anything. I 
figured I had somehow slipped through the cracks. With all the proceeds from the loans long 
gone by now in 2022, I began studying software development by myself through various online 
platforms. In late 2022 I decided to move to Manhattan and attend the "Flatiron School" in 
Manhattan. They offered a 16 week software development program. I finished the software 
development program in 2023 and returned to Florida. 
With my eyesight now corrected I made the decision to use my computer skills to serve 
as a Cybersecurity Expert in the United States Army. I met with Staff Sergeant Christopher 
Fields at the Army Recruiting Station in Kissimmee FL. Sergeant Fields was awesome. He 
prepared and submitted waivers for my criminal history and even gave me a voucher to have a 
small tattoo on my face removed prior to enlistment. I went to take the ASVAB (Military Entrance 
Exam) in Late August of 2023 and scored extremely well. Upon getting home that same day, I 
found out I had been indicted by the federal government. 
I have learned so much through this entire legal process from the day I was indicted until 
now. But, most importantly I have learned that there's no shortcuts in life and there's no 
substitute for hard work. Cheaters never prosper. When the road got rough I attempted to cheat 
my way to success and now have to pay the consequence. It's a tough lesson to learn, but like I 
said in the beginning of this letter "every man should be accountable for his own actions." I fully 
take responsibility for my cowardly and unethical actions. 
Upon release from prison I plan on working solely in the software development industry 
hopefully as an entry level IOS Developer and build my career as a developer from there. I also 
plan on finishing the development of a mobile app I have been working on since late 2022. It's a 
social media app geared towards individuals who suffer from mental health issues like bipolar 
and depression. Once my supervised release term is up I plan on buying a piece of land way 
out in the country and building a small home, hopefully I can work remotely as a software 
developer. I know this was a long one, but thanks for taking the time to read it. 
Sincerely, 
Diop Mckenzie 
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Honorable Judge Sheri Polster Chappell of United States District Judge U.S. Courthouse, 
2110 First St. Ft. Myers, Florida 33901 
Re: United States vs. Diop Mckenzie 
Tuesday, September 27th, 2024 
Dear Honorable Judge Polster Chappell: 
I am the mother of Diop Mckenzie. I have three children ages 33, Diop 30 and my daughter 18 years old. I 
have been a single parent for many years. For the past 20 years I have worked as an admissions counselor 
for higher education at Keiser University. I have also been a volunteer for City Takers of Southwest FL, 
feeding the indigent and the marginalized community while sharing the love of God. I also volunteer as a 
church translator as needed. I am a firm believer of community engagement. I have taught my children that 
we all have something to give; whether it be money, time, talent, a shoulder to lean on or a listening heart. 
I am proud to say that my son Diop Mckenzie is self-motivated and enjoys a healthy lifestyle. He is a low-
key unassuming individual that enjoys being at home spending time with his young kids. When he is not at 
work or with his kids, he is at the gym working out. I raised Diop to be a vegetarian, and he takes great care 
of his body and how he eats. This lifestyle is challenging and requires great discipline. Diop does not have 
medical insurance, and for this reason he is adamant about staying fit and healthy. He recently shared with 
me that he works on building his back muscles to prevent back pain and recurring sciatica issues. Diop is a 
quiet person that loves the simple things in life, like family time and playing with his children. I am thankful 
that he is present to raise my grandkids; flaws and all I could not ask for a better son. My hopes and future 
for Diop is that he continues to raise my grandkids and is present to see all the beautiful milestones as they 
grow. 
I am sincerely thankful for the opportunity of writing this letter and your time in reading it. Please feel free 
to contact me as needed. 
"l}jl£; 
Isabel Valenzue~ 
I 7604 Wayside Bnd Punta Gorda, FL 33982 
239-281-3141 
B
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Dear Judge Chappell, 
Re: United States v, Diop Mckenzie 
I am the father of Diop Mckenzie, my son was born in Milwaukee Wisconsin on May 5th, 
1994. We eventually moved to Plantation Florida in 1993. I raised my son with good 
work ethics, discipline, character and a philosophy emphasizing a positive outlook 
towards life regardless of his situation. 
 During his early childhood, it became obvious that Diop had some form of a 
degenerative eye disease. This would cause him many problems and frustration 
growing up. He was declared legally blind in his early adulthood. At this point, Diop was 
not able to see more than five feet in front of himself. This would cause Diop not to have 
the opportunity to play basketball in college and enlist in the army. It was at this point in 
his life that things started to unravel legally and eventually boiled over in his mid-
twenties. Diop ultimately had a risky eye surgery that resulted in Diop not being legally 
blind anymore. He also has a son that was born blind, so I am not sure if this is genetic 
or not. 
Your honor, I am not saying that his blindness led him to commit these crimes. But Diop 
watching himself lose his own vision from childhood to becoming an adult was quite 
traumatizing and caused a life full of psychological stress. This trauma affected his 
mental health and was a partial reason why he committed this crime. Diop used some of 
the funds from this crime to fund his surgery and anything else was just pure greed and 
foolishness. 
Therefore, your honor, I ask that you consider deviating from the federal sentencing.  
guidelines and give my son a chance to reintegrate back into society earlier. As a result, 
Diop would be able to pay restitution, redeem himself, make positive contributions to 
society, and make a better living for his family and kids. 
Sincerely 
Michael Mckenzie 
C
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Honorable Judge Sheri Polster Chappell 
United States District Judge U.S. Courthouse, 
2110 First St. Ft. Myers, Florida 33901 
Re: United States vs. Diop Mckenzie 
Dear Honorable Judge Polster Chappell: 
Thursday August 29, 2024 
I am the youngest sister of Diop Mckenzie. I am 18 years old. I live at home with our mom Isabel 
Valenzuela. I recently thought to fast track my high school completion and graduate a year earlier so 
that I can attend college. Before making my decision, I thought about it a lot and spoke with my mom 
for feedback. I was happy she allowed me to make my own decision. She gave me the okay on the 
condition that I start college in the fall/winter of 2024. I was surprised when she informed me that 
my brother Diop had this very same conversation with her many years ago when he was a junior in 
high school. Suddenly I had more confidence about my plan. 
I knew my brother and I had plenty of things in common. After learning that he too completed high 
school a year earlier, I was less nervous about my decision. You see I have always looked up to my 
brother. Because he is 12 years older than me, I have a lot of respect and love for him. He has always 
been the quiet, kind guy, looking out for his little sister. I like to think that we are both more mature 
than people our age. I love having Diop in my life not because he is my big brother but because in 
many ways, he is like the dad I never had. 
Most sincere and respectfully yours, 
O'J.r~lA 
~~1uranzo 
17604 Wayside Bnd 
Punta Gorda, FL 33982 
239-288-1321 
liranzorenat@gmail.com 
D
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Kristina Stewart 
413 SW 3rd Court 
Cape Coral, Florida 33991 
239-810-1044
Honorable Judge Sheri Polster Chappell 
United States District Judge 
U.S. Courthouse 2110 First St.  
Ft. Myers, Florida 33901 
Re: United States v. Diop Mckenzie 
Dear Judge Sheri Polster Chappell, 
My name is Kristina Stewart and I am a teacher here in Lee County. This is my fifth year 
teaching, all of which have been in third grade. I have a Bachelor of Science degree in 
Elementary Education and a Master of Education in Curriculum and Instruction. I am the mother 
of a ten year old daughter who has started fifth grade this school year. She is active in the 
community through National Elementary Honor Society, her volleyball team, and drama club. I 
am honored that I share this daughter with Mr. Mckenzie.  
Mr. Mckenzie and I met in November of 2011 and became good friends instantly. After 
getting to know each other as friends, we entered a relationship in 2012. Through this 
relationship, it was apparent that family meant the most to Mr. Mckenzie. I was able to watch 
him care for his elderly grandmother, pick up his little sister from school each afternoon, run 
errands for his mother, and help his brother work on cars in the driveway. It was through my 
relationship with Mr. Mckenzie that I began regularly attending church, as service each Sunday 
is an important value to Mr. Mckenzie.  
When we became first time parents in 2013 to our beautiful daughter, Mr. Mckenzie and 
I shared a once in a lifetime experience. Being young parents, we had many obstacles to 
overcome; however, we overcame these as a team for our daughter. When our daughter was 
first born, Mr. Mckenzie insisted on carrying her everywhere she needed to be carried - through 
a store, into and out of the doctor’s office for appointments, in her car seat carrier. Being a 
father came very naturally to Mr. Mckenzie, and he wanted to be our daughter’s protector.  
Our daughter showed an interest in gymnastics at approximately six years old, during 
the COVID pandemic when gyms were closed. Mr. Mckenzie did not let gyms being closed stop 
our daughter from practicing her interest. He researched the best pullover bar and tumbling mat 
for her and bought the items for our daughter to practice at his house. This is just one of the 
many great memories I have of Mr. Mckenzie as a father, but one that continues to have a 
lasting positive effect on our daughter who is still using the equipment to this day to practice.  
Seeing Mr. Mckenzie as a father has been such a privilege; I am honored to call him the 
father of our daughter. She loves showing off her dad when they go anywhere together whether 
it be a school function, out to dinner, or volleyball game. My hope for the future is that Mr. 
E
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Mckenzie is able to partake in these special moments of our daughter’s life; that he is able to 
continue sharing her many upcoming milestones.  
 
Overall, Mr. Mckenzie is a kind, gentle man. He enjoys the simple things in life and 
believes in spending quality time over materialistic things. In the almost thirteen years that I 
have known Mr. Mckenzie, he has always put his family and loved ones before his own 
happiness. Looking ahead to the years to come, I hope that Mr. Mckenzie is able to pursue his 
goals of being a computer coder and travel to new places. I look forward to sharing many first 
experiences with Mr. Mckenzie on our journey through parenthood.  
 
I appreciate the time you have taken to read through this letter.  
 
Respectfully, 
 
Kristina Stewart 
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Lindsay Neal
1162 Hancock Creek Blvd Apt 202
Cape Coral, FL 33909
(239) 424-9675
Honorable Judge Chappell
United States
District Judge U.S.
Courthouse 2110
First St. Ft. Myers, FL 33901
Re: United States v. Diop Mckenzie
Dear Judge Chappell,
My name is Lindsay Neal, I am the mother to three of Mr. Mckenzie's children. Me and
Mr. Mckenzie met after his divorce, i have had the opportunity to know Diop on a friendship level
and a romantic level The past five years. We welcomed our first child together in September of
2020, a baby boy named Zavian Mckenzie. I had a normal healthy pregnancy but after Zavian
was born we noticed something was wrong. In November of 2020 Zavian was diagnosed with
two rare congenital conditions called Optic nerve hypoplasia and Septo-optic dysplasia. Due to
these diagnoses we were informed Zavian was completely blind in both eyes alongside many
other health issues stemming from these conditions. In March of 2023 we were given Zavians
diagnoses of autism. We as a team have fought a tough battle.
Diop has played an active role in Zavians journey since his birth, the unyielding faith
he's shown to his son, the dedication and immense amount of love truly speak volumes to the
father he is. Due to Diops active role in our family I was able to resign from my position at LEE
health and become a full time stay at home mom to care for our disabled child. After Zavians
birth we welcomed another baby boy in February of 2022 (Brayden Mckenzie) and a baby girl
(Kyah Mckenzie) in April of 2023.
I have a specific instance that will always follow me, a moment I knew Diop would do
anything and everything for his son. Zavian became very ill, he was a year old. I called Diop,
who at the time was living in Orlando, one phone call and he was packed, loaded and driving to
Cape coral. Zavian was admitted into the ICU due to being in an adrenal crisis and having
hypoglycemia. We spent 5 nights in the ICU with our son.
F
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Diops presence in my life has been a true blessing, he is filled with so much knowledge.
There isn't a subject left untouched, I can speak of something so left field and he would be able
to discuss the topic like it's his life's duty. Diop consistently strives for self improvement and
expanding his knowledge. Over the course of the last five years I have been given the
opportunity to watch Diop grow tremendously in life. In fall of 2022 Diop moved across the
country to New York to pursue his career in coding, he attended school for computer science.
He was able to earn his credits and become proficient in coding. Growing up we lived
completely different lifes and that plays a huge part in the reason he is very presitient in
bettering his life. I was born and raised in Cape coral , he is from the projects in Fort
Lauderdale. He would spend a lot of his time reading and researching to fill himself with
knowledge and deter himself from being a product of the environment he grew up around. Still
to this day he spends a lot of time researching and reading. Thinking of ways to prosper and
grow in life. To Diop knowledge is power , having the complete ability to acquire knowledge,
preserve and pass it on to our children is one of his life's missions.
I know due to these circumstances it's easy to see the negative, but Diop truly has a
strong sense of integrity and morals, somewhere along the way those were tested. but I know in
my heart and from my personal experience Diop has great remorse for the actions that led up to
this. If he has one regret in life it would without a doubt be the choices he made to land himself
in your court room. Prior to this indictment Diop was in the process of enlisting into the Army, he
was so excited to have a fresh start, to be doing something he loved, defending our beautiful
country. He had finally found an outing to the everyday rat race, our son would have been set for
life along with our other kids. But then the unthinkable happened when we discovered the
indictment, his world crashed. He had instant regret for the choices that were made in the prior
years.
Although the military is out of the question now, I know once he is home Diop will do
great things. I have never met such a resilient person. He has many dreams and goals in life.
Some sound a little far-fetched, maybe a little unrealistic. but knowing the man he is he will
succeed and conquer the life he has always dreamed of. One of his dreams and goals in life is
to own a piece of land in Colorado and build his own home. to live off his land, grow his own
food and raise his children in the country away from the city life, away from trouble. Diop thus far
has shown a steadfast and resolute demeanor in moving past this mistake in a constructive
manner. It is my hope that this letter regarding Mr.Mckenzie and this case will act as a positive
and contributing factor.
Respectfully,
Lindsay Neal
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