Unopposed MOTION for Extension of Time to File Response as to 95 First MOTION for Acquittal… — USA v. McCabe (Dkt. 96)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 96 · 2025-03-26 · Docket on CourtListener

Summary

An unopposed motion by the United States filed March 26, 2025 as Doc. 96 in United States v. Dustin Sean McCabe, No. 9:24-cr-80103-AMC, in the U.S. District Court for the Southern District of Florida. The government asks for a two-week continuance of its deadline to respond to the defendant's Rule 29 Motion for Judgement of Acquittal (ECF No. 95), moving the deadline from April 1, 2025 to April 15, 2025. The motion states that trial concluded on March 4, 2025, that the defendant filed the acquittal motion on March 18, 2025, and that sentencing is set for June 12, 2025. It gives the sentencing schedule and other time-sensitive matters as reasons and states the extension is not sought for delay. The three-page filing is signed by Special Assistant United States Attorney Tanner P. Stiehl and includes certificates of conference and service.

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Full text

1 
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 TO CONTINUE RESPONSE DEADLINE BY TWO WEEKS  
AS TO DEFENDANT’S MOTION FOR ACQUITTAL 
 
 
The United States of America, by and through the undersigned Special Assistant United 
States Attorney, respectfully files this Motion asking this Court to continue the United States’ 
response deadline to Defendant’s Rule 29 Motion for Judgement of Acquittal (the “JoA Motion,” 
ECF No. 95) by two weeks. In support of this Motion, the government states as follows: 
1. 
The Defendant was convicted of all counts of the Indictment after a seven-day trial 
that concluded on March 4, 2025. See DE 83. The sentencing in this matter is now set for June 12, 
2025, at 10:00 a.m. DE 86. 
2. 
On March 18, 2025, the Defendant filed the JoA Motion, which effectively asks 
this Court to invalidate the jury’s unanimous verdict as to the Defendant’s guilt on all counts. See 
DE 95. The deadline for the Government’s response to the JoA Motion is April 1, 2025. See DE 
95. 
3. 
Through this Motion, the Government respectfully asks for a two-week 
continuance to the response deadline, with the new response deadline being April 15, 2025. Three 
considerations support this request. First, given the June 12 sentencing date, a two-week extension 
Case 9:24-cr-80103-AMC   Document 96   Entered on FLSD Docket 03/26/2025   Page 1 of 3

2 
to the Government’s response time would leave this matter fully briefed well before the sentencing 
occurs in June. Second, other time-sensitive matters have interfered with the Government’s 
attorneys’ ability to complete the response. And third, schools and daycares have had “spring break” 
this week, and the Government’s attorneys have taken vacation to accommodate that break. The 
Government respectfully submits that those factors give this Court good cause to grant the Motion 
in light of the defense’s nonobjection. 
4. 
This request is not made for purposes of delay or for any other improper purpose. 
Rather, the requested extension of time is short and is necessary for the due administration of 
justice. 
5. 
The undersigned counsel has reached out to the Defense, and they do not oppose 
this relief.  
 
WHEREFORE, the United States respectfully requests a fourteen-day extension to the 
deadline for filing its response to the Defendant’s JoA Motion. 
 
 
 
 
 
 
 
 
 
Respectfully submitted, 
 
    
 
 
 
 
 
HAYDEN P. O’BYRNE 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
By: 
/s/ Tanner P. Stiehl 
TANNER P. STIEHL 
 
 
 
 
 
 
Special Assistant United States Attorney 
 
 
 
 
 
 
FL Bar No. 1031487 
 
 
 
 
 
 
99 Northeast 4th Street 
 
 
 
 
 
 
Miami, Florida 33132-2111 
 
 
 
 
 
 
305.510.8179 
 
 
 
 
 
 
Tanner.Stiehl@usdoj.gov 
 
 
 
 
 
Case 9:24-cr-80103-AMC   Document 96   Entered on FLSD Docket 03/26/2025   Page 2 of 3

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CERTIFICATE OF CONFERENCE 
 
I HEREBY CERTIFY that on March 26, 2025, I conferred with Terrence O’Sullivan and 
Calisha Francis, who indicated that the defense opposes this motion. 
 
/s/ Tanner Stiehl  
TANNER P. STIEHL 
Special Assistant United States Attorney 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on March 26, 2025, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is 
being served this day on all counsel of record. 
 
 
 
   By:  /s/ Tanner Stiehl                      
 
 
 
 
 
 
 
 
Tanner Stiehl 
 
Special Assistant United States Attorney 
 
 
 
 
 
 
Case 9:24-cr-80103-AMC   Document 96   Entered on FLSD Docket 03/26/2025   Page 3 of 3

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