Speedy Trial Report by USA as to Dustin Sean McCabe — USA v. McCabe (Dkt. 46, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 46 · 2025-01-25 · 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. 
 
 
____________________________________/ 
 
SPEEDY TRIAL REPORT 
 
 
The United States, through the undersigned Assistant United States Attorney, submits this 
Speedy Trial Report in the above-captioned matter. The Speedy Trial Act requires that a 
defendant’s trial commence within seventy days from the latter of either the date of indictment or 
the date of the defendant’s initial appearance before a judicial officer. See 18 U.S.C. § 3161(c)(1); 
see also United States v. Tinklenberg, 131 S.Ct. 2007, 2010 (2011). The relevant dates and 
calculations in this matter are as follows: 
1. 
On August 22, 2024, an indictment was returned that charged the Defendant with 
seaman’s manslaughter, in violation of 18 U.S.C. § 1115, making a false statement to a federal 
agency, in violation of 18 U.S.C. § 1001(a)(2), and wire fraud, in violation of 18 U.S.C. § 1343. 
DE 3. The Defendant first appeared before a judicial officer and was arraigned on these charges 
on September 20, 2024, DE 13. Therefore, September 20, 2024, is excluded from the calculation, 
and September 21, 2024, is the first day for the purposes of speedy trial calculations. 
2. 
On September 24, 2024, this Court entered an Order setting the trial of this matter 
to begin on November 4, 2024. DE 14.  
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3. 
The parties filed a Joint Motion to Continue Trial on October 17, 2024. DE 20. On 
October 21, 2024, this Court granted the motion and reset trial for December 16, 2024. DE 21. In 
so doing, this Court excluded the time from October 17, 2024, to and including the new December 
16 trial date from the speedy trial calculation. DE 21 at 1. 
4. 
The parties filed a Second Joint Motion to Continue Trial on December 2, 2024. 
DE 22. On December 3, 2024, this Court granted the motion in part and reset trial for January 13, 
2024. DE 23. In so doing, this Court excluded the time from December 2, 2024, to and including 
the new January 13 trial date from the speedy trial calculation. DE 23 at 1. 
5. 
The parties filed a final Joint Motion to Continue Trial on December 11, 2024. DE 
24. On December 16, 2024, this Court granted the motion and reset trial for February 24, 2024. 
DE 26. In so doing, this Court excluded the time from December 11, 2024, to and including the 
new February 24 trial date from the speedy trial calculation. DE 26 at 1. 
6. 
The United States computes that, pursuant to 18 U.S.C. §3161(c)(1), twenty-five 
(25) of the 70 days of non-excludable time have lapsed, with that time consisting of September 21 
through October 16, 2024. The net time remaining is therefore 45 days. The Defendant’s trial is 
therefore currently set to commence prior to the last day of the Defendant’s 70-day speedy trial 
period. 
 
 
 
 
 
 
Respectfully submitted, 
 
    
 
 
 
 
 
MICHAEL S. DAVIS 
 
 
 
 
 
 
ACTING UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
Date: January 25, 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 
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Tel: (305) 961-9023 
 
 
 
 
 
 
Email: zachary.keller@usdoj.gov 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on January 25, 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 46   Entered on FLSD Docket 01/25/2025   Page 3 of 3

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