Court filing
Rule 5(c)(3)/ Rule 40 Documents received from Middle District of Florida (Ocala) — USA v. McCabe (Dkt. 8, S.D. Fla.)
Filed September 4, 2024 in USA v. McCabe; one of 219 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-09-04 |
U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 8 · 2024-09-04 · Docket on CourtListener
Full text
BOND, CLOSED U.S. District Court Middle District of Florida (Ocala) CRIMINAL DOCKET FOR CASE #: 5:24-mj-01211-PRL All Defendants Case title: USA v. McCabe Other court case number: 24-80103 Southern District of Florida Date Filed: 08/28/2024 Date Terminated: 08/29/2024 Assigned to: Magistrate Judge Philip R. Lammens Defendant (1) Dustin Sean McCabe Ocala, FL BOND TERMINATED: 08/29/2024 represented by Christine Nan Bird Office of the Federal Defender 203 E. Silver Springs Blvd. Suite 202 Ocala, FL 34470 352-351-9157 Email: christine_bird@fd.org ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Pending Counts Disposition None Highest Offense Level (Opening) None Terminated Counts Disposition None Highest Offense Level (Terminated) None Complaints Disposition 18:1115.F MISCONDUCT OR NEGLECT OF SHIP OFFICERS - (Seaman's Manslaughter), 18:1001.F STATEMENTS OR ENTRIES GENERALLY - (False Statement Within the Jurisdiction of an Agency of the United States), 3-5 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION - (Wire Fraud) Query Reports Utilities Help What's New Log Out Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 1 of 15 MP Sep 4, 2024 Miami Plaintiff USA represented by William Stephen Hamilton US Attorney's Office - FLM Suite 300 35 SE 1st Ave Ocala, FL 34471 352-547-3600 Email: william.s.hamilton@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Date Filed # Docket Text 08/28/2024 1 Arrest pursuant to Rule 5(c)(2) of Dustin Sean McCabe from the Southern District of Florida. (MGB) (Entered: 08/28/2024) 08/29/2024 2 ORAL MOTION to Appoint Counsel, ORAL MOTION for Bond by Dustin Sean McCabe. (MJT) (Entered: 08/30/2024) 08/29/2024 3 Minute Entry for In Person proceedings held before Magistrate Judge Philip R. Lammens: INITIAL APPEARANCE in Rule 5(c)(3) proceedings held on 8/29/2024 as to Dustin Sean McCabe from the Southern District of Florida. (DIGITAL) (MJT) (MJT). (Entered: 08/30/2024) 08/29/2024 4 ***CJA 23 Financial Affidavit by Dustin Sean McCabe. (MJT) (Entered: 08/30/2024) 08/29/2024 5 ORDER APPOINTING FEDERAL DEFENDER as to Dustin Sean McCabe. Signed by Magistrate Judge Philip R. Lammens on 8/29/2024. (MJT) (Entered: 08/30/2024) 08/29/2024 6 NOTICE of Standing Order Regarding Due Process Protections Act, 3:20-mc-20-TJC, Doc 1 as to Dustin Sean McCabe: Pursuant to the Due Process Protections Act, the Court confirms the United States' disclosure obligation under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny and orders the United States to comply with that obligation. Violating this order may result in consequences, including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, and other sanctions. Signed by Judge Timothy J. Corrigan. (MJT) (Entered: 08/30/2024) 08/29/2024 7 WAIVER of Rule 5 & 5.1 Hearings hearing by Dustin Sean McCabe. (MJT) (Entered: 08/30/2024) 08/29/2024 8 ORDER Setting Conditions of Release. Signed by Magistrate Judge Philip R. Lammens on 8/29/2024. (MJT) (Entered: 08/30/2024) 08/29/2024 9 APPEARANCE BOND entered as to Dustin Sean McCabe. Signed by Magistrate Judge Philip R. Lammens on 8/29/2024. (MJT) (Entered: 08/30/2024) 08/29/2024 10 ORDER OF REMOVAL pursuant to Rule 5(c)(3) to the Southern District of Florida as to Dustin Sean McCabe. The defendant has been ordered to report as follows: On September 12, 2024, at 10:00 am, Paul G. Rogers Federal Building and U.S. Courthouse at 701 Clematis Street, Room 202, West Palm Beach, Florida. Signed by Magistrate Judge Philip R. Lammens on 8/29/2024. (MJT) (Entered: 08/30/2024) 08/30/2024 11 ORDER correcting scrivener's error re 8 Order Setting Conditions of Release as to Dustin Sean McCabe. Signed by Magistrate Judge Philip R. Lammens on 8/30/2024. (MJT) (Entered: 08/30/2024) 08/30/2024 NOTICE to Southern District of Florida of a Rule 5 or Rule 32 Initial Appearance as to Dustin Sean McCabe regarding your case number: 24-cr-80103. Using your PACER account, you may retrieve the docket sheet and any documents via the case number link. No documents/record will be sent. If you require certified copies of any documents please send a request to Query Reports Utilities Help What's New Log Out Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 2 of 15 InterdistrictTransfer_FLMD@flmd.uscourts.gov. If you wish the court to use a different email address in the future, please send a request to update your address to InterdistrictTransfer_TXND@txnd.uscourts.gov. (MJT) (Entered: 08/30/2024) Query Reports Utilities Help What's New Log Out Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 3 of 15 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. 5:24-mj-1211-PRL DUSTIN SEAN MCCABE, Defendant. ___________________________________/ ORDER Due to a scrivener’s error on the Conditions of Release (Doc. 8), as to section (7)(f), the travel conditions are included and corrected as follows: “Travel is restricted to the Middle and Southern Districts of Florida. Travel to the Northern District of Florida requires permission from his pretrial officer and travel outside the state of Florida requires approval by the court.” IT IS SO ORDERED in Ocala, Florida, on August 30, 2024. Copies furnished to: Counsel of Record Case 5:24-mj-01211-PRL Document 11 Filed 08/30/24 Page 1 of 1 PageID 24 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 4 of 15 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. 5:24-mj-1211-PRL DUSTIN SEAN MCCABE, Defendant. FINDINGS AND ORDER OF REMOVAL PROCEEDINGS PURSUANT TO RULE 5, FED. R. CRIM. P. Dustin Sean McCabe, having been arrested and presented before me for removal proceedings pursuant to Rule 5, Federal Rules of Criminal Procedure, and having been informed of the rights specified in Rule 5(c)(3) thereof, the following has occurred of record. An Initial Appearance on the Rule 5 Indictment from Southern District of Florida was held on August 29, 2024. After hearing the evidence, and based on the defendant's waiver of identity hearing, I find that Dustin Sean McCabe is the person named in the warrant for arrest, a copy of which has been produced. The defendant was released on bond with conditions. It is, therefore, ORDERED that Dustin Sean McCabe be held to answer in the district court in which the prosecution is pending on September 12, 2024, at 10:00 am, Paul G. Rogers Federal Building and U.S. Courthouse at 701 Clematis Street, Room 202, West Palm Beach, Florida. DONE and ORDERED in Ocala, Florida, on August 29, 2024. Copies furnished to: Counsel of Record Case 5:24-mj-01211-PRL Document 10 Filed 08/29/24 Page 1 of 1 PageID 23 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 5 of 15 Case 5:24-mj-01211-PRL Document 9 Filed 08/29/24 Page 1 of 2 PageID 21 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 6 of 15 Case 5:24-mj-01211-PRL Document 9 Filed 08/29/24 Page 2 of 2 PageID 22 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 7 of 15 Case 5:24-mj-01211-PRL Document 8 Filed 08/29/24 Page 1 of 4 PageID 17 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 8 of 15 Case 5:24-mj-01211-PRL Document 8 Filed 08/29/24 Page 2 of 4 PageID 18 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 9 of 15 Case 5:24-mj-01211-PRL Document 8 Filed 08/29/24 Page 3 of 4 PageID 19 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 10 of 15 Case 5:24-mj-01211-PRL Document 8 Filed 08/29/24 Page 4 of 4 PageID 20 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 11 of 15 Case 5:24-mj-01211-PRL Document 7 Filed 08/29/24 Page 1 of 1 PageID 14 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 12 of 15 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. 5:24-mj-1211-PRL DUSTIN SEAN MCCABE, Defendant. ORDER APPOINTING FEDERAL DEFENDER Because the above named defendant has testified under oath or has otherwise satisfied this Court that he/she: (1) is unable to employ counsel, and (2) does not wish to waive counsel, and because the interests of justice so require, it is ORDERED that the Federal Defender is appointed to represent the defendant in this case. The defendant may be required to contribute to the cost of this representation depending on circumstances to be determined at a later date. DONE AND ORDERED in Ocala, Florida, on August 29, 2024. Copies furnished to: Counsel of Record Case 5:24-mj-01211-PRL Document 5 Filed 08/29/24 Page 1 of 1 PageID 13 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 13 of 15 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. 5:24-mj-1211-PRL DUSTIN SEAN MCCABE, Defendant. AUSA: William Hamilton Deft. Atty.: Christine Bird (AFD) JUDGE Philip R. Lammens DATE AND TIME August 29, 2024 11:26 am – 11:43 am 17 minutes DEPUTY CLERK H. Iovino/M. Taylor TAPE/REPORTER DIGITAL INTERPRETER Not Required PRETRIAL: Bryan Coomer CLERK'S MINUTES – INITIAL APPEARANCE (Rule 5c) Defendant arrested on an Indictment from the Southern District of Florida, case number 24-cr-80103. Defendant advised of rights, charges, penalties, etc. Defendant requests court-appointed counsel. Based on the financial affidavit completed by defendant and/or a financial inquiry, the Court appoints the Federal Defender with reimbursement upon filing by U.S. Attorney. ORDER TO ENTER. Court advises defendant of Rule 20 rights. Court advised the parties of the requirements of the Due Process Protections Act. Defendant waives both an identity hearing and production of the warrant. Government is not seeking the defendant’s detention but requests conditions of release. Defendant has no objection to the conditions proposed. The defendant shall report to the Southern District of Florida, Paul G. Rogers Federal Building and U.S. Courthouse at 701 Clematis Street, Room 202, West Palm Beach, Florida on September 12, 2024, at 10:00 am. Case 5:24-mj-01211-PRL Document 3 Filed 08/29/24 Page 1 of 2 PageID 15 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 14 of 15 ORDER SETTING CONDITIONS OF RELEASE. ORDER OF REMOVAL RULE 5/32.1 TO ENTER FILED IN OPEN COURT: Financial Affidavit, Waiver of Rule 5 & 5.1 Hearings Case 5:24-mj-01211-PRL Document 3 Filed 08/29/24 Page 2 of 2 PageID 16 Case 9:24-cr-80103-AMC Document 8 Entered on FLSD Docket 09/04/2024 Page 15 of 15
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