Fifth RESPONSE to Standing Discovery Order by USA as to Dustin Sean McCabe — Dustin Sean Mccabe (Dkt. 51)

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Case 9:24-cr-80103-AMC Document 51 Entered on FLSD Docket 02/11/2025 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 FIFTH RESPONSE TO STANDING DISCOVERY ORDER

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

  (“SDO”), incorporating by reference its previous SDO responses. See DE 19; DE 25; DE 36; DE

  45. Since filing the Fourth SDO Response, the Government produced the following records via

  email on February 11, 2025: (1) a Google Earth image of Palm Beach Marina marked as Bates

  MCCABE_003284, (2) United States Coast Guard records marked as Bates MCCABE_003291

  & 003293-003294, and (3) reports from witness preparation interviews marked as Bates

  MCCABE_03285-003290, 003292, and 003295-003302. Counsel for the defense should alert the

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

         In addition, the Government produced a working copy of its trial exhibits to the defense

  on February 11, 2025, via the filesharing platform USAfx. To facilitate an efficient trial, the

  Government intends to confer with the defense regarding exhibits to which it will stipulate or to

  which it objects and hopes to resolve as many disputes as possible before trial commences.

         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 51 Entered on FLSD Docket 02/11/2025 Page 2 of 2




                                           Respectfully submitted,

                                           HAYDEN P. O’BYRNE
                                           UNITED STATES ATTORNEY

  Date: February 11, 2025               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 February 11, 2025, 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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