First Motion to Continue Response Deadline — USA v. McCabe (Dkt. 99, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 99 · 2025-04-16 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
WEST PALM BEACH DIVISION 
 
 
UNITED STATES OF AMERICA,   
 
CASE: 9:24-cr-80103-AMC-1 
 
Plaintiff, 
 
V. 
 
DUSTIN SEAN MCCABE 
 
Defendant. 
 
____________________________/ 
 
DEFENDANT DUSTIN SEAN MCCABES’ UNOPPOSED MOTION TO CONTINUE 
RESPONSE DEADLINE BY TWO WEEKS AS TO THE GOVERNMENT’S  
OPPOSITION TO DEFENDANT’S MOTION FOR ACQUITTAL 
 
COMES NOW, Defendant Dustin Sean McCabe, through his attorneys of record Terrence J.  
O’Sullivan and Calisha A. Francis, respectfully files this Motion asking this Court to continue the 
Defendant’s response deadline to Government’s Opposition to the Defendant’s Rule 29 Motion for 
Judgement of Acquittal (the “JOA”) Motion, by two weeks. In support of this Motion, the 
Defendant states as follows: 
1. The Defendant was convicted of all counts of the Indictment on March 4, 2025. See 
DE 83. The sentencing in this matter is now set for June 12, 2025, at 10:00 am. DE 86. 
2. On March 18, 2025, the Defendant filed his JOA Motion. See DE 95.  
3. The deadline for the Government’s response to the Motion was set for April 1, 2025. 
See DE 95. However, the Government filed an Unopposed Motion for Extension of 
Time to File Response seeking to continue their response deadline. 
Case 9:24-cr-80103-AMC   Document 99   Entered on FLSD Docket 04/16/2025   Page 1 of 3

 
 
 
4. On March 26, 2025, an Order was entered granting the Unopposed Motion for 
Extension of Time to File and requiring the United States to file its response on or 
before April 15, 2025.  
5. Subsequently, the Government filed their Response in Opposition to the Defendant’s 
JOA on April 12, 2025. 
6. Through this Motion, the Defendant respectfully asks for a two-week continuance to 
the response deadline, with the new response deadline being April 28, 2025.  
7. Given the June 12th sentencing date, a two-week extension to the Defendant’s 
response time would leave this matter fully briefed well before the sentencing occurs 
in June. Also, other time-sensitive matters have interfered with the Defendant’s 
attorneys’ ability to complete the response.  
8. The Defendant respectfully submits that those factors give this Court good cause to 
grant the Motion, particularly in light of the Government’s lack of objection and the 
Court’s prior ruling that granted the Government’s initial Request for an Extension, 
which ultimately imposed the time constraints on the Defendant's response. 
9. 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. 
10. The undersigned counsel has reached out to the Government, and they do not 
oppose 
this 
relief. 
 
WHEREFORE, the Defendant respectfully requests a fourteen-day extension 
Case 9:24-cr-80103-AMC   Document 99   Entered on FLSD Docket 04/16/2025   Page 2 of 3

 
 
 
to the deadline for filing his response to the Government’s Opposition to the Defendant’s 
Rule 29 Motion for Judgement of Acquittal Motion. 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
TERRENCE O’SULLIVAN 
 
 
 
 
 
 
 
3810 Murrell Road #340 
 
 
 
 
 
 
 
Rockledge, Florida 32955 
 
 
 
 
 
 
 
321-422-2882 (office) 
 
 
 
 
 
 
 
321-848-2144 
 
Dated: April 16, 2025  
 
 
 
/s/ Terrence J. O’Sullivan, Esq. 
 
 
 
 
 
 
 
TERRENCE J. O’SULLIVAN 
 
 
 
 
 
 
 
Attorney for Mr. McCabe 
 
 
 
 
 
 
 
Florida Bar Number: 0644031 
 
 
 
 
 
 
 
Terrence@TerrenceOSullivanLaw.com 
 
CALISHA A. FRANCIS 
 
 
 
 
 
 
 
3920 Woodside Drive #10 
 
 
 
 
 
 
 
Coral Springs, Florida 33065 
 
 
 
 
 
 
 
954-612-6126 
 
 
 
 
 
 
 
 
/s/ Calisha A. Francis, Esq. 
 
 
 
 
 
 
 
CALISHA A. FRANCIS 
 
 
 
 
 
 
 
Attorney for Mr. McCabe 
 
 
 
 
 
 
 
Florida Bar Number: 96348 
 
 
 
 
 
 
 
cthomlaw@aol.com 
 
 
Case 9:24-cr-80103-AMC   Document 99   Entered on FLSD Docket 04/16/2025   Page 3 of 3

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