Joint Motion to Continue Trial by 60 Days by USA — USA v. McCabe (Dkt. 20, S.D. Fla.)

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U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 20 · 2024-10-17 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO.  24-CR-80103-CANNON 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
 
DUSTIN SEAN McCABE, 
 
 
Defendant. 
_________________________________/ 
 
JOINT MOTION TO CONTINUE TRIAL AND ASSOCIATED DEADLINES 
 
 
The United States of America, through the undersigned Assistant United States Attorney, 
and Defendant Dustin Sean McCabe, by and through undersigned counsel, jointly move for a 
continuance of 60 days from the current date of trial and a corresponding extension of any 
associated plea and pretrial motions deadlines. In support thereof, the parties state the following: 
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. He made his initial appearance in this District and was 
arraigned on September 20, 2024, and is on bond. DE 13.  
2. 
On September 24, 2024, this Court entered its trial order setting trial for November 
4, 2024. DE 14. The Government filed its first response to the Standing Discovery Order on 
October 6, 2024. DE 19. 
3. 
The parties have been discussing resolution since this case’s inception and 
anticipate the case being resolved by plea. However, the parties need additional time to settle the 
parameters of that resolution. As a result, the parties respectfully request that this Court continue 
Case 9:24-cr-80103-AMC   Document 20   Entered on FLSD Docket 10/17/2024   Page 1 of 3

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this matter for 60 days, with it understood that the parties will work expeditiously to determine the 
appropriate path forward for this case and apprise this Court of that path forward as soon as 
practicable.  
4. 
 This request is made in good faith and not for purposes of unnecessary delay. It is 
in the interests of justice and would not interfere with the public or Mr. McCabe’s interest in a 
speedy resolution of this matter. 
5. 
The undersigned Assistant United States Attorney has conferred with Mr. 
McCabe’s counsel, Ms. Calisha Angeline Francis, who advised that Mr. McCabe joins in this 
request. In addition, Mr. McCabe agrees to the exclusion from the speedy trial period of the time 
from the filing of this motion until a new trial date is set. 
6. 
A proposed order is attached and will be emailed to chambers. 
WHEREFORE, the United States, joined by Mr. McCabe, respectfully requests that the 
Court continue trial by 60 days from the current date of trial and grant a corresponding extension 
of the pretrial motions deadline. 
 
 
 
 
 
 
Respectfully submitted, 
    
 
 
MARKENZY LAPOINTE 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
By:   /s/Calisha A. Francis 
 
 
By:   /s/ Zachary A. Keller  
 
 
 
CALISHA ANGELINE FRANCIS  
ZACHARY A. KELLER 
 Attorney for the Defendant  
 
Assistant United States Attorney 
Florida Bar No. 96348 
 
 
U.S. Attorney’s Office – SDFL 
P.O. Box 590714 
 
 
 
Court No: A5502767 
Ft. Lauderdale, Florida 33359 
 
99 NE 4th Street, 6th Floor 
954-612-6126  
 
 
 
Miami, Florida 33132 
Email: CthomLaw@aol.com  
 
Tel: (305) 961-9023 
 
 
 
 
 
 
Email: zachary.keller@usdoj.gov 
 
 
 
 
Case 9:24-cr-80103-AMC   Document 20   Entered on FLSD Docket 10/17/2024   Page 2 of 3

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CERTIFICATE OF SERVICE 
 
 
I HEREBY CERTIFY that on October 17, 2024 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 
Case 9:24-cr-80103-AMC   Document 20   Entered on FLSD Docket 10/17/2024   Page 3 of 3

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