Unopposed Motion for Leave to File Certain Trial Exhibits Conventionally by USA — USA v. McCabe (Dkt. 88, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 88 · 2025-03-05 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO.  24-80103-CR-CANNON 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
 
DUSTIN SEAN McCABE, 
 
 
Defendant. 
_________________________________/ 
 
UNOPPOSED MOTION FOR LEAVE TO FILE CERTAIN TRIAL EXHIBITS  
CONVENTIONALLY PURSUANT TO LOCAL RULE 5.3(b) 
 
 
The United States of America, through the undersigned Assistant United States Attorney, 
moves unopposed to file certain exhibits relating to the victim in this case, M.C.G.F., under seal. 
In support, the United States respectfully submits the following: 
1. 
This matter proceeded to a seven-day jury trial on February 24, 2025, with that trial 
concluding on March 4, 2025. See DE 63-64, 69, 72, 74, 76, & 77. On March 5, 2025, and in 
keeping with Local Rule 5.3(b)(2), the Court ordered that the United States file and serve an 
electronic version of all exhibits admitted at trial by March 15, 2025. DE 87. 
2. 
Local Rule 5.3(b) provides that within 10 business days of the conclusion of a 
hearing or proceeding, a party must file “(a) an electronic version of each documentary exhibit that 
the party offered or introduced into evidence and (b) a digital photograph of each non-documentary 
physical exhibit.”  
3. 
Certain types of exhibits—in particular, “[c]ontraband images, audio recordings, 
and video recordings” and “[w]hen permitted by order of the Court, exhibits containing 
voluminous amounts of confidential information that is subject to privacy protections”—are 
exempt from mandatory electronic filing under Local Rule 5.3(b)(3).  
Case 9:24-cr-80103-AMC   Document 88   Entered on FLSD Docket 03/05/2025   Page 1 of 3

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4. 
However, Local Rule 5.3(b)(2) expressly contemplates courts’ ability to exercise 
discretion by beginning the section, “[u]nless otherwise ordered by the Court.”   
5. 
Through this Motion, the Government asks this Court to exercise its discretion 
under Local Rule 5.3(b)(2) by permitting the United States to file the exhibits that depict 
M.C.G.F.’s body or that pertain to her physical condition conventionally with the Clerk of Court, 
via physical CD, rather than filing them electronically on the docket. More specifically, the 
Government requests that the Court permit the following exhibits (the “Victim Exhibits”) to be 
filed conventionally: GX38, GX39, GX44, GX45, GX47, GX48, GX49, GX50, GX70, GX109B, 
GX109H, GX109J, GX109K, GX109L, and GX109M. 
6. 
The United States makes this request based on two factors. First, the photos and 
records contained in the Victim Exhibits are sensitive and personal on their own terms, and filing 
conventionally would avoid disseminating them more broadly than necessary. Second and 
relatedly, M.C.G.F.’s family has requested that the Victim Exhibits be filed in a manner that would 
render them unavailable electronically due to their sensitive nature.  
7. 
The United States has conferred with the defense, who does not oppose this relief. 
WHEREFORE, the United States respectfully requests that the Court permit the 
Government to file the Victim Exhibits conventionally. 
 
 
 
 
 
 
Respectfully submitted, 
 
    
 
 
 
 
 
HAYDEN P. O’BYRNE 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
Date: March 5, 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 
Case 9:24-cr-80103-AMC   Document 88   Entered on FLSD Docket 03/05/2025   Page 2 of 3

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Tel: (305) 961-9023 
 
 
 
 
 
 
Email: zachary.keller@usdoj.gov 
 
CERTIFICATE OF SERVICE 
 
 
I HEREBY CERTIFY that on March 5, 2025, 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 88   Entered on FLSD Docket 03/05/2025   Page 3 of 3

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