Joint Motion to Continue Trial by USA as to Dustin Sean McCabe. Responses due by 12/16/2024 — USA v. McCabe (Dkt. 22, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 22 · 2024-12-02 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO.  24-CR-80103-CANNON 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
 
DUSTIN SEAN McCABE, 
 
 
Defendant. 
_________________________________/ 
 
SECOND 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. Mr. McCabe made his initial appearance in this District and 
was arraigned on September 20, 2024, and he remains 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. 
On October 17, 2024, the parties filed their first joint motion to continue the trial 
date in this matter, noting that the parties “have been discussing resolution since the case’s 
Case 9:24-cr-80103-AMC   Document 22   Entered on FLSD Docket 12/02/2024   Page 1 of 3

2 
 
inception anticipate the case being resolved by plea.” DE 20 at 1. This Court granted the parties’ 
motion on October 21, 2024, continuing trial to December 16, 2024. DE 21. 
4. 
Since the last continuance, the parties have continued to discuss resolution but have 
not yet agreed to resolution documents. The parties have continued these negotiations despite both 
sides being in trials during the months of October and November, with the undersigned 
Government counsel trying three cases in those two months. That said, the parties have not yet 
reached a resolution agreeable to both sides and believe additional time to negotiate would serve 
the interests of potentially reaching such a resolution. 
5. 
In addition, because the parties have not reached a resolution, we are also in 
discussions as to whether this matter will proceed to trial. If it should proceed to trial, then both 
sides will need additional time to prepare for that trial, which we anticipate will take approximately 
two weeks.  
6. 
As a result of the foregoing considerations, the parties respectfully submit that an 
additional 60-day continuance will permit the parties the time they need to finalize whether this 
matter will proceed to trial and, if so, to prepare for that trial. In light of Mr. McCabe’s remaining 
on bond and the complexity of the case here, the parties respectfully submit that this additional 
preparation and negotiation time would serve the interests of justice by permitting Mr. McCabe 
time to finalize his decision about how to proceed and for both sides to prepare for trial if 
necessary. 
7. 
 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. 
Case 9:24-cr-80103-AMC   Document 22   Entered on FLSD Docket 12/02/2024   Page 2 of 3

3 
 
8. 
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. 
9. 
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. 
Dated: December 2, 2024 
 
 
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 
 
 
 
 
CERTIFICATE OF SERVICE 
 
 
I HEREBY CERTIFY that on December 2, 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 22   Entered on FLSD Docket 12/02/2024   Page 3 of 3

File and source

File

gov.uscourts.flsd.673624.22.0.pdf

Size

138,877 bytes

SHA-256

792510d028dd69a92132d4d13dbfb96d37594bec018ecb5491a01b1196311974

Our copy

gov.uscourts.flsd.673624.22.0.pdf

Original

PACER (login required)