Court filing
Unopposed MOTION to Continue Motions Hearing by One Week, to January 24, 2025 re 33… — Dustin Sean Mccabe (Dkt. 34)
No. 9:24-cr-80103-AMC · Doc. 34 · Docket on CourtListener
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Case 9:24-cr-80103-AMC Document 34 Entered on FLSD Docket 01/08/2025 Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-CR-80103-CANNON
UNITED STATES OF AMERICA
v.
DUSTIN SEAN McCABE,
Defendant.
_________________________________/
UNOPPOSED MOTION FOR ONE-WEEK CONTINUANCE OF MOTIONS HEARING
The United States of America, through the undersigned Assistant United States Attorney,
moves unopposed for the motions hearing currently set for 9:30am on January 17, 2025, see DE
33, to be continued by one week, to January 24, 2025. In support, the Government respectfully
submits the following:
BACKGROUND AND CASE STATUS
1. Mr. McCabe is charged with one count of seaman’s manslaughter, in violation of
18 U.S.C. § 1115, one count of making a false statement within the jurisdiction of an agency of
the United States, in violation of 18 U.S.C. § 1001(a)(2), and three counts of wire fraud, in
violation of 18 U.S.C. § 1343. DE 3.
2. On December 16, 2024, this Court set trial for February 24, 2025, while setting a
pretrial motions deadline of December 31, 2024. DE 26. On December 30, 2024, the Government
filed a motion in limine, DE 28, and a trial brief, DE 29. The following day, December 31, Mr.
McCabe filed a motion to sever, DE 30. The Government filed a response to that motion to sever
on January 6, 2025, and the Court issued an order requiring the defense to file its reply brief by
January 13, 2025, DE 32.
Case 9:24-cr-80103-AMC Document 34 Entered on FLSD Docket 01/08/2025 Page 2 of 3
3. On January 7, 2025, this Court entered an order setting a hearing on both the
Government’s motion in limine and the defense’s motion to sever, with that hearing set for January
17, 2025, at 9:30am in Fort Pierce. DE 33.
4. In terms of outstanding response deadlines for the motions at issue in the hearing,
the defense has until January 14, 2025 (not counting New Year’s Day), to file a response to the
Government’s motion in limine, and the Government will have until January 22, 2025 (not
counting Martin Luther King, Jr. Day on January 20), to file its reply brief.
REQUESTS AND BASIS FOR REQUESTS
5. Through this Motion, the Government respectfully requests that this Court continue
the motions hearing currently set for January 17, 2025, by one week, to January 24, 2025. The
Government submits that there are two reasons for this request that merit the Court continuing the
hearing.
6. First, scheduling conflicts exist for the Government and the defense necessitating
the full week of continuance. Specifically, the undersigned Assistant United States Attorney’s
spouse has a time-sensitive medical appointment the morning of January 17th in South Miami that
the undersigned needs to attend, and Mr. McCabe’s counsel Mr. Terrence O’Sullivan has a trial
that will proceed beginning January 21st that (he anticipates) will conclude on January 23rd.1
7. Second, continuing the January 17 motions hearing by a full week would permit
the parties to fully brief the motion in limine, as set forth in Paragraph 4 above, before this Court
holds a hearing as to that motion.
1 As previously noted, January 20 is a federal holiday.
2
Case 9:24-cr-80103-AMC Document 34 Entered on FLSD Docket 01/08/2025 Page 3 of 3
8. The undersigned Assistant United States Attorney has conferred with Mr.
McCabe’s counsel, Ms. Calisha Angeline Francis and Mr. Terrence O’Sullivan, who advised that
Mr. McCabe does not oppose this request.
9. A proposed order is attached and will be emailed to chambers.
WHEREFORE, the United States respectfully requests that the Court continue the motions
hearing set for January 17, 2025, by one week, to January 24, 2025.
Date: January 8, 2025 Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
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 CONFERENCE
I HEREBY CERTIFY that on January 7-8, 2025, I conferred with Terrence O’Sullivan
and Calisha Angeline Francis, counsel for the Defendant, who indicated that the defense does not
oppose this motion.
/s/ Zachary A. Keller
ZACHARY A. KELLER
Assistant United States Attorney
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 8, 2025, I electronically filed the foregoing
document with the Clerk of the Court using CM/ECF.
/s/ Zachary A. Keller 0
Zachary A. Keller
Assistant United States Attorney
3
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