Notice as to Witness Availability (J.H. Only Available February 24) by USA — USA v. McCabe (Dkt. 38, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 38 · 2025-01-11 · 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. 
____________________________________/ 
 
GOVERNMENT=S NOTICE REGARDING WITNESS AVAILABILITY 
 
 
The United States, by and through the undersigned Assistant United States Attorney, 
respectfully submits this Notice Regarding Witness Availability to apprise this Court of a 
scheduling concern for the February 24 trial and to ask that the Court’s planning for commencing 
on February 24 account for it: 
 
One of the Government’s essential witnesses as to the seaman’s manslaughter charged in 
this case, J.H., has a non-refundable skiing vacation scheduled for the week of February 24, 
2025. While J.H.’s flight was originally scheduled for the afternoon of Monday, February 24, she 
has been able to move her flight to the morning of Tuesday, February 25 and to adjust her 
group’s scheduled pickup time that day in her skiing location.1 The Government plans to call 
J.H. as its first witness and anticipates that her direct, cross, and redirect testimony will fit well 
within the afternoon of February 24 if the parties select a jury in the morning and deliver their 
openings to begin the afternoon. That said, the Government would ask for latitude in completing 
J.H.’s testimony on February 24 in the unlikely event that, whether due to the length of cross-
 
1 Another witness, whose testimony relates to the wire fraud charged as Counts 3-5, is attending 
the same trip as part of the group, but the Government projects that he will testify the second trial 
week. 
Case 9:24-cr-80103-AMC   Document 38   Entered on FLSD Docket 01/11/2025   Page 1 of 2

2 
 
examination or an unforeseen delay, her testimony were to run past the normal stop time that 
day. 
 
 
 
 
 
 
Respectfully submitted, 
 
    
 
 
 
 
 
MARKENZY LAPOINTE 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
Date: January 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 January 11, 2025, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF.  
 
/s/ Zachary A. Keller  
ZACHARY A. KELLER 
Assistant United States Attorney 
Case 9:24-cr-80103-AMC   Document 38   Entered on FLSD Docket 01/11/2025   Page 2 of 2

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