Notice of Withdrawal of Request for Further Restitution — United States v. Diop McKenzie (M.D. Fla.)

Summary

A notice of withdrawal of request for further restitution filed by the United States of America, through United States Attorney Roger B. Handberg, in United States v. Diop McKenzie, Case No. 2:23-cr-88-SPC-KCD, Document 85, United States District Court, Middle District of Florida, Fort Myers Division, filed November 12, 2024. It states that at the sentencing hearing on September 9, 2024, the Court ordered the defendant to pay restitution of $133,339.84 to the Small Business Administration and deferred the determination of restitution until November 18, 2024 to allow additional victims to submit a request. The government states that it has not received documentation from any additional bank or victim and withdraws the request for any further restitution.

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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 
 
 
NOTICE OF WITHDRAWAL OF REQUEST FOR FURTHER RESTITUTION 
 
 
The United States of America, by Roger B. Handberg, United States Attorney 
for the Middle District of Florida, hereby respectfully notifies the Court that the 
government withdraws the request for further restitution in this case.   
 
On September 9, 2024, during the sentencing hearing, the Court ordered the 
defendant, Diop McKenzie, to pay restitution in the amount of $133,339.84 to the 
Small Business Administration.  Doc. 82.   
In addition, at the time of sentencing, the Court deferred the determination of 
restitution until November 18, 2024, to allow time for any additional victims to 
submit a request for restitution in this case.  Id.  The government, however, has not 
received any documentation from any additional bank or victim requesting 
 
 
 
 
Case 2:23-cr-00088-SPC-K_D     Document 85     Filed 11/12/24     Page 1 of 3 PageID 427

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restitution in this case; therefore, the government would respectfully withdraw the 
request for any further restitution.  
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
ROGER B. HANDBERG 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
 
 
By: 
s/Yolande G. Viacava                             
 
 
 
 
 
 
Yolande G. Viacava 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
Florida Bar Number 0110310 
 
 
 
 
 
 
2110 First Street, Suite 3-137 
 
 
 
 
 
 
Fort Myers, Florida 33901 
 
 
 
 
 
 
Phone:  (239) 461-2200 
 
 
 
 
 
 
Fax:    (239) 461-2219 
 
 
 
 
 
 
E-Mail:  Yolande.viacava@usdoj.gov 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:23-cr-00088-SPC-K_D     Document 85     Filed 11/12/24     Page 2 of 3 PageID 428

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U.S. v. Diop McKenzie  
 
      Case No. 2:23-cr-88-SPC-KCD 
 
 
CERTIFICATE OF SERVICE 
 
 
I hereby certify that on November 12, 2024, I electronically filed the foregoing  
 
with the Clerk of the Court by using the CM/ECF system which will send a notice of  
 
electronic filing to the following:   
 
 
Russell K. Rosenthal 
 
russ_rosenthal@fd.org 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
s/Yolande G. Viacava                        
 
 
 
 
 
 
Yolande G. Viacava 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:23-cr-00088-SPC-K_D     Document 85     Filed 11/12/24     Page 3 of 3 PageID 429

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