Judgment — United States v. Darian Casteele Tyler, Eastern District of North Carolina (Document 32)

Summary

A judgment in a criminal case (AO 245B) in United States v. Darian Casteele Tyler, Case Number 5:23-CR-338-1D, in the U.S. District Court for the Eastern District of North Carolina, filed June 26, 2024 as Document 32. The defendant pleaded guilty to Count 1, conspiracy to commit wire fraud, with the offense ended 2/28/2022. The court imposes 12 months and 1 day of imprisonment, with surrender as notified by the United States Marshal no earlier than August 30, 2024, followed by 3 years of supervised release. It orders restitution of $154,262.82, which the joint and several schedule sets against Schunda Coleman and Edward Sheldon Whitaker, and a $100.00 assessment. Forfeiture follows a Consent Preliminary Order of Forfeiture entered on January 29, 2024, and the judgment names James C. Dever as the district judge.

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“Judgment — United States v. Darian Casteele Tyler, Eastern District of North Carolina (Document 32).” Original at ecf.nced.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-tyler-dkt-32-e-d-n-c-c1c1d8dba2/, SHA-256 6044deda407ccba677a628857a23b072f6f0ef6552a75d505eb0d0a8986a1f7e.

Full text

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet I

UNITED STATES DISTRICT COURT
Eastern District of North Carolina
)
UNITED STATES OF AMERICA
)
.JUDGMENT IN A CRIMINAL CASE
v. )
DARIAN CASTEELE TYLER )
Case Number: 5:23-CR-338-1D
)
) USM Number: 96249-510
)
) Robert Hood Hale, Jr.
) Defendant's Attorney
THE DEFENDANT:
pleaded guilty to count(s) ------------------------------------
1.
□ pleaded nolo contendere to count(s)
which was accepted by the court.
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 Offense Ended Count
18 u.s.c. § 1349 Conspiracy to Commit Wire Fraud 2/28/2022 1
18 U.S.C. § 1343

The defendant is sentenced as provided in pages 2 through __8__ of this judgment. The sentence is imposed pursuant to
the Sentencing Refonn Act of 1984.
DThe defendant has been found not guilty on count(s)
DCount(s) ------------- □ is Dare 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 mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defenaant must notify the court and United States attorney of material changes in economic circumstances.

6/26/2024
Date of Jrriposition of Judgment

JAMES C. DEVER Ill, US DISTRICT COURT JUDGE
Name and Title of Judge

6/26/2024
Date

Case 5:23-cr-00338-D Document 32 Filed 06/26/24 Page 1 of 8
AO 245B (Rev. 09/19) Judgment in Criminal Case
Sheet 2 - Imprisonment
Judgment- Page -=2- of 8
DEFENDANT: DARIAN CASTEELE
TYLER CASE NUMB ER: 5:23-CR-338-1D

IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of:
12 months and 1 day.

The court makes the following recommendations to the Bureau of Prisons:
The court recommends vocational training/ educational opportunities and placement at FCI Williamsburg

D The defendant is remanded to the custody of the United States Marshal.

Ill The defendant shall surrender to the United States Marshal for this district:
D at D a.m. D p.m. on
[ii( as notified by the United States Marshal.no earlier than August 30, 2024

The defendant shall surrender 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 -------==c-=-: =--,=-=,-,--c=-:--=-------
DEPUTY UNITED ST ATES MARSHAL

Case 5:23-cr-00338-D Document 32 Filed 06/26/24 Page 2 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 - Supervised Release
Judgment-Page ___Q_ of 8
DEFENDANT: DARIAN CASTEELE
TYLER CASE NUMBER: 5:23-CR-338-1D
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
3 years.

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 ofa controlled substance. You must submit to one drug test within 15 days ofrelease from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
!ti The above drug testing condition is suspended, based on the court's determination that you
pose a low risk offuture substance abuse. (check ifapplicable)
4. You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check ifapplicable)
5. You must cooperate in the collection ofDNA as directed by the probation officer. (check ifapplicable)
6. 0 You must comply with the requirements ofthe Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
directed by the probation officer, the Bureau ofPrisons, or any state sex offender registration agency in the location where you
reside, work, are a student, or were convicted ofa qualifying offense. (check if applicable)
7. 0 You must participate in an approved program for domestic violence. (check ifapplicable)

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 5:23-cr-00338-D Document 32 Filed 06/26/24 Page 3 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A - Supervised Release
Judgment-Page ----of-----
DEFENDANT: DARIAN CASTEELE TYLER
CASE NUMBER: 5:23-CR-338-1D

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
officers to keep infonned, report to the court about, and bring about improvements in your conduct and condition.
l. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting pennission 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 l O days before the change. If notifying
the probation officer 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.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must pennit 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 doing 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 officer at least l O days before the change. If notifying the probation officer at least l 0
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 communicate or interact with that person without first getting the permission 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 fireann, ammunition, destructive device, or dangerous weapon (i.e., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or infonnant without
first getting the permission of the court.
12. If the probation officer detennines that you pose a risk to another person (including an organization), the probation officer 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 confirm 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 officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview ofProbation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature Date ------------

Case 5:23-cr-00338-D Document 32 Filed 06/26/24 Page 4 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3D- Supervised Release
Judgment-Page _Ji_ of 8
DEFENDANT: DARIAN CASTEELE TYLER
CASE NUMBER: 5:23-CR-338-1D

SPECIAL CONDITIONS OF SUPERVISION
The defendant shall submit to a search, at any time, with or without a warrant, and by any law enforcement or probation
officer, of the defendant's person and any property, house, residence, vehicle, and effects upon reasonable suspicion
concerning a violation of a condition of supervised release or unlawful conduct by the defendant, or by any probation
officer in the lawful discharge of the officer's supervision functions.

The defendant shall not incur new credit charges or open additional lines of credit without approval of the probation office.

The defendant shall provide the probation office with access to any requested financial information.

The defendant must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a
sentence of restitution.

Case 5:23-cr-00338-D Document 32 Filed 06/26/24 Page 5 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
Judgment - Page __6_ of 8
DEFENDANT: □ARIAN CASTEELE TYLER
CASE NUMBER: 5:23-CR-338-1D
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution AVAA Assessment* JVT A Assessment**
TOTALS $ 100.00 $ 154,262.82 $ $ $

D The determination of restitution is deferred until -----. An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.

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 approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
United States Small Business Administratio $154,262.82 $154,262.82 100
721 19th Street,
3rd Floor, Room 302,
Denver, CO 80202

TOTALS $ 154,262.82 154,262.82
$ ---------'-----

D Restitution amount ordered pursuant to plea agreement $

The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(t). 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).

liZl The court determined that the defendant does not have the ability to pay interest and it is ordered that:
liZl the interest requirement is waived for the fine liZl restitution.
D the interest requirement for the D fine D restitution is modified as follows:

* Amy, Vicky and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for y ictims of Trafficking Act of2015, Pub. L. No. 114-22.
*** Findings for the total amount oflosses are required under Chapters 109A, 110, 11OA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.

Case 5:23-cr-00338-D Document 32 Filed 06/26/24 Page 6 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6- Schedule of Payments
Judgment-Page -- of
DEFENDANT: DARIAN CASTEELE
TYLER CASE NUMBER: 5:23-CR-338-1D

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A D Lump sum payment of$ _______ due immediately, balance due

not later than _________ _ , or
D in accordance with D C, D, D E, or F below; or

B Payment to begin immediately (may be combined with C, D, or @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) installments 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 !ill Special instructions regarding the payment of criminal monetary penalties:
Payment of the special assessment and restitution are due in full immediately. The court orders that the defendant
pay a minimum payment of $25 per quarter through the IFRP, if available. The court, having considered the
defendant's financial resources and ability to pay, orders that any balance still owed at the time of release shall be
paid in installments of $200 per month to begin 60 days after the defendant's release from prison.

Unless the court has expressly ordered otherwise, if thisjudgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. 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 court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

Ill Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant numbe, Total Amount Amount if appropriate
Schunda Coleman
154,262.82 154,262.82
5:22-CR-257-2D

D The defendant shall pay the cost of prosecution.

D The defendant shall pay the following court cost(s):

liZl The defendant shall forfeit the defendant's interest in the following property to the United States:
The defendant shall forfeit to the United States the defendant's interest in the property specified in the Consent
Preliminary Order of Forfeiture entered on January 29, 2024.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3} restitution interest, (4) AVAA assessment,
(5) fine P.rincipal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, mcluding cost of
prosecution and court costs.

Case 5:23-cr-00338-D Document 32 Filed 06/26/24 Page 7 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6A- Schedule ofPayments
Judgment-Page _8_ of 8
DEFENDANT: DARIAN CASTEELE
TYLER CASE NUMB ER: 5:23-CR-338-1D

ADDITIONAL DEFENDANTS AND CO-DEFENDANTS HELD JOINT AND SEVERAL
Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate

Edward Sheldon Whitaker
5:22-CR-257-10 $154,262.82 $154,262.82

Case 5:23-cr-00338-D Document 32 Filed 06/26/24 Page 8 of 8

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