OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT by Dustin Sean McCabe adendum — USA v. McCabe (Dkt. 116)

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U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 116 · 2025-05-22 · Docket on CourtListener

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Defendant's Supplemental Addendum to the Presentence Investigation Report 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, filed May 22, 2025 as Doc. 116. Submitted by defense counsel under Rule 32(f), it supplements the PSR prepared on May 8, 2025, addressing mental health treatment needs, designation considerations and pretrial hardship factors. It asks the Court to recommend designation to FMC Butner or FCI Manchester Camp and a bypass of FCI Miami intake. It states that the defendant was on electronic monitoring from August 29, 2024, through March 4, 2025, and that an insurance carrier paid a $300,000 civil settlement in 2020. It supplements PSR paragraphs 72, 77, 82, 105 and 123 and asks for a downward variance under 18 U.S.C. § 3553(a).

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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’S SUPPLEMENTAL ADDENDUM TO THE 
PRESENTENCE INVESTIGATION REPORT 
 
COMES NOW the Defendant, Dustin Sean McCabe, by and through counsel, and 
respectfully submits this Supplemental Addendum to the Presentence Investigation Report 
(“PSR”) prepared on May 8, 2025, pursuant to Rule 32(f) of the Federal Rules of Criminal 
Procedure. This supplemental addendum is intended to clarify and supplement key factual 
matters relevant to sentencing, including mental health treatment needs, designation 
considerations, and pretrial hardship factors. These submissions are consistent with the 
Court’s authority under 18 U.S.C. § 3553(a) and applicable case law. 
1. Mental Health History and Bureau of Prisons Medical Designation 
Paragraphs 80 and 81 of the PSR acknowledge that Mr. McCabe has been diagnosed with 
bipolar disorder and is receiving medication while in custody. However, this diagnosis 
significantly predates his arrest and has been managed previously under psychiatric 
supervision, including treatment by Dr. Molly Christiansen. Mr. McCabe has experienced 
mood instability, depression, and suicidal ideation. Given the seriousness of his mental 
health needs, the defense respectfully requests that the Court recommend designation to 
FMC Butner, a Bureau of Prisons facility specializing in psychiatric care or FCI Manchester 
Camp, a Bureau of Prisons facility closer to family and friends. 
 
Case 9:24-cr-80103-AMC   Document 116   Entered on FLSD Docket 05/22/2025   Page 1 of 6

Although BOP retains ultimate discretion, judicial recommendations regarding placement 
are expressly contemplated by 18 U.S.C. § 3621(b), and such recommendations are 
frequently honored. See Tapia v. United States, 564 U.S. 319, 331 (2011) (courts may 
recommend placement for treatment purposes); United States v. Ceballos, 671 F.3d 852, 
855 (9th Cir. 2011) (“The BOP gives respectful consideration to such recommendations.”). 
2. Request to Bypass FCI Miami Intake 
The defense respectfully requests that the Court recommend Mr. McCabe bypass the 
standard intake process at FCI Miami and be designated directly to FMC Butner or FCI 
Manchester Camp. This request is based on the nature of his mental health condition and 
the widely documented limitations of FCI Miami in handling psychiatric intake cases. 
Numerous public reports, including those from the U.S. Department of Justice Inspector 
General, have identified serious deficiencies in the Bureau of Prisons’ handling of inmates 
with mental illness at non-specialized facilities such as FCI Miami, well-known for violence 
and overcrowding. 
 
Mr. McCabe's bipolar disorder, history of suicidal ideation, and vulnerability in general 
population settings make direct designation to a medical facility both medically 
appropriate and morally imperative. While courts cannot mandate placement, they may 
recommend alternatives that reflect medical necessity and least restrictive placement 
principles. 
 
See United States v. Tapia, 564 U.S. 319 (2011); United States v. Ceballos, 671 F.3d 852 (9th 
Cir. 2011). Such recommendations are often crucial to ensuring continuity of care and 
avoiding intake delays that place inmates with mental health diagnoses at elevated risk. 
3. Pretrial Monitoring and Holiday Restrictions 
Mr. McCabe was subject to electronic monitoring and restricted movement from August 
29, 2024, through March 4, 2025. During this period, he was unable to leave his residence 
to spend time with family and missed Thanksgiving, Christmas, New Year’s, and his 
birthday. While not custodial time in the legal sense, courts have recognized the relevance 
of home confinement and its impact on the defendant’s life and mental health as part of 
the broader § 3553(a)(1) analysis. See United States v. Mateo, 299 F. Supp. 2d 201 (S.D.N.Y. 
2004); United States v. Peters, 2020 WL 2092617 (D. Neb. May 1, 2020). 
4. Restitution Context – Civil Settlement Paid 
Mr. McCabe’s insurance carrier paid $300,000 to the victim’s family in 2020, resolving all 
civil wrongful death claims related to the incident. While this payment is not a substitute 
for statutory restitution related to other charges, it reflects a clear demonstration of 
financial accountability. Courts may consider such efforts under § 3553(a). See United 
States v. Kim, 364 F.3d 1235 (11th Cir. 2004) (noting that civil settlements may reflect 
acceptance of responsibility); United States v. Ranum, 353 F. Supp. 2d 984 (E.D. Wis. 
2005). 
Case 9:24-cr-80103-AMC   Document 116   Entered on FLSD Docket 05/22/2025   Page 2 of 6

5. Abrupt Remand and Loss of Closure 
Following the jury’s verdict, Mr. McCabe was taken into custody immediately based solely 
on the assertion that he 'knows how to drive a boat.' This remand occurred without prior 
notice and resulted in Mr. McCabe being unable to prepare for incarceration, arrange care 
for his emotional support animal, or even say goodbye to his elderly mother. While remand 
is a lawful consequence of conviction, the circumstances of this transition created an 
abrupt and emotionally disruptive event that merits inclusion in the Court’s assessment of 
a just and humane sentence. 
6. Supplement to ¶72 – Family History and Psychological Background 
The Defendant respectfully supplements Paragraph 72 of the Presentence Investigation 
Report to include critical information regarding Mr. McCabe’s early family trauma. At the 
age of 11, Mr. McCabe was the one who discovered his father following a suicide attempt. 
This traumatic event profoundly affected Mr. McCabe’s emotional development and is a 
contributing factor to his later mental health challenges, including his diagnosis of bipolar 
disorder.  
 
This childhood trauma, combined with the absence of adequate psychological support at 
the time, has shaped Mr. McCabe’s adult emotional health. He continues to cope with the 
long-term psychological consequences of that event.  
 
Additionally, Mr. McCabe’s father has since passed away. The unresolved emotional history 
surrounding his father’s suicide attempt and subsequent death continues to impact Mr. 
McCabe’s mental and emotional well-being. This background supports the defense’s 
request for trauma-informed sentencing and medical designation. 
7. Supplement to ¶77 – Status of Defendant’s Therapy Dog 
The defense respectfully supplements Paragraph 77 to clarify that Mr. McCabe did not 'give 
away' his dog. Instead, his certified therapy dog is currently being cared for by a trusted 
friend during his detention. The bond between Mr. McCabe and his dog is significant and 
therapeutic.  
 
The emotional support provided by this therapy dog has been an important stabilizing 
factor in Mr. McCabe’s life, particularly given his mental health diagnosis. Maintaining a 
connection to his therapy dog and having a plan for reunification post-sentencing are 
important aspects of Mr. McCabe’s rehabilitation and recovery. 
8. Supplement to ¶82 – Clarification of Alcohol Use History 
The defense supplements Paragraph 82 to clarify any potential misinterpretation regarding 
Mr. McCabe’s history with alcohol. While the current language may imply a history of 
excessive drinking or dependency, this is inaccurate. Mr. McCabe has never struggled with 
alcohol misuse or dependency. He has only ever consumed alcohol socially and in limited 
quantities, and has no history of abuse, addiction, or any incidents involving alcohol-
Case 9:24-cr-80103-AMC   Document 116   Entered on FLSD Docket 05/22/2025   Page 3 of 6

related misconduct. 
 
The defense requests that this clarification be considered in any final characterization of 
Mr. McCabe’s personal habits or health-related risk factors.  
9. Supplement to ¶105 – Civil Settlement Already Paid to Victim’s Family 
The defense supplements Paragraph 105 to note that, contrary to any implication that the 
victim’s family has not received restitution or civil compensation, a settlement of $300,000 
was paid in 2020 by Mr. McCabe’s insurance carrier. This payment was accepted as full and 
final settlement of the civil wrongful death claim.  
 
The existence of this settlement is a critical factor in evaluating any additional restitution 
requests and in ensuring that the Court is presented with an accurate understanding of the 
financial compensation already received by the decedent’s family. The defense respectfully 
requests that this information be included in the final PSR. 
10. Supplement to ¶123 – Factors Warranting Downward Departure or 
Variance 
The Defendant respectfully supplements Paragraph 123 to highlight multiple factors that 
support a downward departure under the U.S. Sentencing Guidelines and/or a variance 
pursuant to 18 U.S.C. § 3553(a): 
 
- Mr. McCabe has a documented diagnosis of bipolar disorder and has consistently 
received psychiatric treatment. This mental health condition played a significant role in his 
decision-making and stress management at the time of the offenses. 
- At age 11, Mr. McCabe experienced traumatic psychological harm when he discovered his 
father following a suicide attempt. This childhood trauma, coupled with his father’s later 
death, has had a lasting effect on his emotional development. 
- Mr. McCabe wore a GPS ankle monitor and was under significant pretrial restrictions for 
more than six months. During this time, he was denied basic freedoms and family holidays, 
including Thanksgiving, Christmas, and his birthday. This period should be considered as 
quasi-custodial time served. 
- Mr. McCabe was remanded at trial unexpectedly, without warning, based on the claim 
that he 'knew how to drive a boat.' He was not permitted to arrange for his affairs, secure 
care for his therapy dog, or say goodbye to his mother. 
- Mr. McCabe has no history of violence, substance abuse, or recidivism. He is a first-time 
offender with strong family and community ties. 
- A $300,000 civil settlement was already paid by Mr. McCabe’s insurance provider in 
resolution of all wrongful death claims. 
- Mr. McCabe's therapy dog provides documented psychological and emotional benefit and 
has been part of his care plan. Incarceration without continuity of mental health treatment, 
including the therapeutic presence of his dog, would severely compromise his progress. 
 
Case 9:24-cr-80103-AMC   Document 116   Entered on FLSD Docket 05/22/2025   Page 4 of 6

These factors collectively justify a non-guideline sentence that is sufficient, but not greater 
than necessary, to fulfill the goals of sentencing under § 3553(a). 
 
Pursuant to 18 U.S.C. § 3553(a), the Court must impose a sentence that is 'sufficient, but 
not greater than necessary' to comply with the purposes of sentencing. In particular: 
 
• § 3553(a)(1) instructs the Court to consider 'the nature and circumstances of the offense 
and the history and characteristics of the defendant'; 
• § 3553(a)(2)(D) emphasizes 'the need for the sentence imposed to provide the defendant 
with needed... medical care... in the most effective manner.' 
 
Mr. McCabe’s mental health diagnosis, early trauma, therapy needs, and pretrial 
restrictions—combined with the prior civil settlement and his lack of criminal history—
justify a downward variance consistent with these statutory principles. 
 
See United States v. Ferguson, 456 F.3d 660, 665 (6th Cir. 2006) (upholding variance for 
mental health history and unique personal circumstances); United States v. Schroeder, 536 
F.3d 746, 755 (7th Cir. 2008) (mental illness and post-offense rehabilitation supported 
variance). 
 
WHEREFORE, the Defendant respectfully requests that the U.S. Probation Office and the 
Court incorporate these supplemental clarifications into the final Presentence 
Investigation Report, and that the Court issue appropriate recommendations—specifically, 
for direct designation to FMC Butner or FCI Manchester Camp or, alternatively, FCI 
Manchester Camp and the bypass of FCI Miami intake—consistent with the facts and legal 
authority outlined herein. 
 
Respectfully submitted, 
 
TERRENCE O’SULLIVAN 
FLA BAR 0644031 
 
 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically 
noticed through the CM/ECF system to Zachary A. Keller, AUSA, and all other parties of record, 
on this 22nd Day of May, 2025. 
 
 
 
 
 
 
 
 
Respectfully submitted, 
Case 9:24-cr-80103-AMC   Document 116   Entered on FLSD Docket 05/22/2025   Page 5 of 6

 
 
 
 
 
 
 
TERRENCE O’SULLIVAN 
 
 
 
 
 
 
 
3810 Murrell Road #340 
 
 
 
 
 
 
 
Rockledge, Florida 32955 
 
 
 
 
 
 
 
321-422-2882 (office) 
 
 
 
 
 
 
 
321-848-2144 
 
 
 
 
 
 
 
 
/s/ Terrence J. O’Sullivan, Esq. 
 
 
 
 
 
 
 
TERRENCE J. O’SULLIVAN 
 
 
 
 
 
 
 
Attorney for the defendant 
 
 
 
 
 
 
 
Florida Bar Number: 0644031 
 
 
 
 
 
 
 
Terrence@TerrenceOSullivanLaw.com 
Case 9:24-cr-80103-AMC   Document 116   Entered on FLSD Docket 05/22/2025   Page 6 of 6

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