Second RESPONSE to Standing Discovery Order by USA as to Dustin Sean McCabe — Dustin Sean Mccabe (Dkt. 25)

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Case 9:24-cr-80103-AMC Document 25 Entered on FLSD Docket 12/14/2024 Page 1 of 2




                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

                                 CASE NO. 24-CR-80103-CANNON

  UNITED STATES OF AMERICA

  v.

  DUSTIN SEAN McCABE,

        Defendant.
  ____________________________________/

       GOVERNMENT=S SECOND RESPONSE TO STANDING DISCOVERY ORDER

         The United States hereby files this second response to the Standing Discovery Order

  (“SDO”), incorporating by reference its previous SDO response. See DE 19. Since filing the First

  SDO Response, the Government produced the following records via email on December 13,

  2024: (1) agency reports marked as MCCABE_003161 through 003179 and 003185, and

  (2) a report from 2019 as to the Defendant’s prior vessel failing inspection marked as

  MCCCABE_003180 through 003184. Counsel for the defense should alert the undersigned

  Assistant United States Attorney if it has any problems accessing these records.

         The Government further noted by email to the defense that the Government intends to

  offer this last record, regarding the Defendant’s prior discipline for failing to maintain his vessel,

  as evidence under Federal Rule of Evidence 404(b). The government remains aware of its

  continuing duty to disclose such newly discovered additional information required by the

  Standing Discovery Order, Rule 16(c) of the Federal Rules of Criminal Procedure, Brady,

  Giglio, Napue, and the obligation to assure a fair trial.
Case 9:24-cr-80103-AMC Document 25 Entered on FLSD Docket 12/14/2024 Page 2 of 2




                                           Respectfully submitted,

                                           MARKENZY LAPOINTE
                                           UNITED STATES ATTORNEY

  Date: December 14, 2024               By: /s/ Zachary A. Keller
                                           ZACHARY A. KELLER
                                           Assistant United States Attorney
                                           U.S. Attorney’s Office – SDFL
                                           Court No: A5502767
                                           99 NE 4th Street, 6th Floor
                                           Miami, Florida 33132
                                           Tel: (305) 961-9023
                                           Email: zachary.keller@usdoj.gov

                                   CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that on December 14, 2024, I electronically filed the foregoing
  document with the Clerk of the Court using CM/ECF. I also certify that referenced discovery
  was served on counsel of record as described herein.

                                                  /s/ Zachary A. Keller
                                                  ZACHARY A. KELLER
                                                  Assistant United States Attorney




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