Order Granting in Part Second Joint Motion to Continue Trial and Associated Deadlines — USA v. McCabe (Dkt. 23, S.D. Fla.)

Summary

Document 23, a two-page Order Granting in Part Second Joint Motion to Continue Trial and Associated Deadlines, signed by Judge Aileen M. Cannon on December 3, 2024 in the Southern District of Florida, West Palm Beach Division, Case No. 24-80103-CR-CANNON, United States v. Dustin Sean McCabe. It grants ECF No. 22 in part for the reasons stated, including the defendant's acknowledgement that the continuance period is excluded under the Speedy Trial Act, running from December 2, 2024 until trial begins. Calendar call is set for January 7, 2025 at 1:45 pm, with jury trial in the two-week period beginning January 13, 2025 in the Fort Pierce Division. A footnote says there is no basis for a longer continuance, noting an earlier 60-day continuance to discuss resolution short of trial (ECF Nos. 20-21).

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
WEST PALM BEACH DIVISION  
 
CASE NO. 24-80103-CR-CANNON 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
vs. 
 
DUSTIN SEAN MCCABE, 
 
 
Defendant. 
________________________________/ 
 
ORDER GRANTING IN PART SECOND JOINT MOTION TO  
CONTINUE TRIAL AND ASSOCIATED DEADLINES 
 
THIS CAUSE comes before the Court upon Defendant’s Second Joint Motion to Continue 
Trial and Associated Deadlines [ECF No. 22].  The Court has reviewed the Motion and is 
otherwise fully advised.  Following that review, it is  
ORDERED AND ADJUDGED that Defendant’s Motion [ECF No. 22] is GRANTED 
IN PART for the reasons stated in the Motion, including the acknowledgement by Defendant that 
the period of this continuance should be excluded under the Speedy Trial Act to serve the ends of 
justice [ECF No. 22 ¶ 8].1  As a result, the Court finds that the period of delay resulting from this 
continuance—i.e., from the date the Defendant’s Motion was filed, December 2, 2024, to the date 
trial commences—is excludable time under the Speedy Trial Act.  See 18 U.S.C. § 3161.   
The parties shall adhere to the following pre-trial and trial schedule: 
1. Calendar call will be held on January 7, 2025, at 1:45 pm.  The case is set for Jury 
 
1 The Court does not see a basis for a lengthier continuance than the one granted herein.  The 
Court previously granted the parties’ request for a 60-day continuance to discuss resolution of this 
case short of trial, and that same rationale motivates the present motion [ECF Nos. 20–21].   
Case 9:24-cr-80103-AMC   Document 23   Entered on FLSD Docket 12/03/2024   Page 1 of 2

CASE NO. 24-80103-CR-CANNON 
 
2 
Trial during the two-week trial period that begins January 13, 2025, in the Fort Pierce 
Division.   
2. All other instructions set forth in the Court’s Omnibus Order Setting Trial [ECF No. 14] 
remain in effect except as modified by this Order.   
DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 3rd day of December  
 
2024. 
 
 
   _______________________________ 
   AILEEN M. CANNON 
   UNITED STATES DISTRICT JUDGE 
 
 
 
 
cc: 
counsel of record 
Case 9:24-cr-80103-AMC   Document 23   Entered on FLSD Docket 12/03/2024   Page 2 of 2

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