Court filing
JUDGMENT as to Dustin Sean McCabe (1), Count(s) 1, 3-5, IMPRISONMENT: 100 MONTHS.… — USA v. McCabe (Dkt. 127)
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2025-08-11 |
U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 127 · 2025-08-11 · Docket on CourtListener
Summary
An AO 245B judgment in a criminal case in United States of America v. Dustin Sean McCabe, No. 9:24-cr-80103-AMC, in the U.S. District Court for the Southern District of Florida, imposed August 6, 2025 and filed August 11, 2025 as Document 127. The judgment records a finding of guilt after a plea of not guilty on Counts 1 through 5 of the Indictment: seaman's manslaughter under 18 U.S.C. § 1115, a false statement under 18 U.S.C. § 1001(a)(2), and three counts of wire fraud under 18 U.S.C. § 1343. It imposes 100 months in total, being 100 months on Counts 1, 3, 4 and 5 and 60 months on Count 2, concurrently, and 3 years of supervised release. Restitution is deferred to a hearing set for October 30, 2025, and a $500.00 special assessment is due immediately. The 7-page form orders forfeiture consistent with the plea agreement and is signed by District Judge Aileen M. Cannon.
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Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
UNITED STATES OF AMERICA
§
JUDGMENT IN A CRIMINAL CASE
§
v.
§
§
Case Number: 9:24-CR-80103-CANNON
DUSTIN SEAN MCCABE
§
§
§
USM Number: 33125-511
Counsel for Defendant: Calisha Angeline Francis
§
Counsel for United States: Zachary A. Keller
THE DEFENDANT:
☐ pleaded guilty to Counts
☐ pleaded guilty to count(s) before a U.S. Magistrate
Judge, which was accepted by the court.
☐ pleaded nolo contendere to count(s) which was
accepted by the court
☒ was found guilty on Counts after a plea of not guilty
1 through 5 of the Indictment
The defendant is adjudicated guilty of these offenses:
Title & Section / Nature of Offense
Offense Ended
Count
18 U.S.C. § 1115 / Seaman's Manslaughter
March 29, 2020
1
18 U.S.C. § 1001(a)(2) / False Statement Within Jurisdiction An Agency of The United States
March 5, 2020
2
18 U.S.C. § 1343 / Wire Fraud
February 2, 2021
3
18 U.S.C. § 1343 / Wire Fraud
May 14, 2021
4
18 U.S.C. § 1343 - Wire Fraud
August 9, 2021
5
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.
☐
The defendant has been found not guilty on count(s)
☐ Count(s) ☐ is ☐ are dismissed on the motion of the United States
It is ordered that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay
restitution, the defendant must notify the court and United States Attorney of material changes in economic circumstances.
August 6, 2025
Date of Imposition of Judgment
Signature of Judge
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE
Name and Title of Judge
August 11, 2025
Date
Case 9:24-cr-80103-AMC Document 127 Entered on FLSD Docket 08/12/2025 Page 1 of 7
AO 245B (Rev. FLSD 4/25) Judgment in a Criminal Case
Judgment -- Page 2 of 7
DEFENDANT:
DUSTIN SEAN MCCABE
CASE NUMBER:
9:24-CR-80103-CANNON
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 100
months, consisting of 100 months as to each of Counts 1, 3, 4, and 5, and 60 months as to Count 2, all to be served concurrently with
each other.
☐ The court makes the following recommendations to the Bureau of Prisons:
☒ The defendant is remanded to the custody of the United States Marshal.
☐ The defendant shall surrender to the United States Marshal for this district:
☐
at
☐
a.m.
☐
p.m.
on
☐
as notified by the United States Marshal.
☐
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
☐
before 2 p.m. on
☐
as notified by the United States Marshal.
☐
as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on to
at , with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
Case 9:24-cr-80103-AMC Document 127 Entered on FLSD Docket 08/12/2025 Page 2 of 7
AO 245B (Rev. FLSD 4/25) Judgment in a Criminal Case
Judgment -- Page 3 of 7
DEFENDANT:
DUSTIN SEAN MCCABE
CASE NUMBER:
9:24-CR-80103-CANNON
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of three (3) years. The term consists of 3
years as to Counts 1, 2, 3, 4, and 5, all to be served concurrently with each other.
MANDATORY CONDITIONS
1.
You must not commit another federal, state or local crime.
2.
You must not unlawfully possess a controlled substance.
3.
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release
from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
☐ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
substance abuse. (check if applicable)
4. ☒
You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence
of restitution. (check if applicable)
5. ☒
You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. ☐
You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et
seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which
you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. ☐ You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the
attached page.
Case 9:24-cr-80103-AMC Document 127 Entered on FLSD Docket 08/12/2025 Page 3 of 7
AO 245B (Rev. FLSD 4/25) Judgment in a Criminal Case
Judgment -- Page 4 of 7
DEFENDANT:
DUSTIN SEAN MCCABE
CASE NUMBER:
9:24-CR-80103-CANNON
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are
imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed
by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.
1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from
the court or the probation officer.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer
to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that
was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or
tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant
without first getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. I understand additional information regarding these conditions is available at
www.flsp.uscourts.gov.
Defendant’s Signature
Date
Case 9:24-cr-80103-AMC Document 127 Entered on FLSD Docket 08/12/2025 Page 4 of 7
AO 245B (Rev. FLSD 4/25) Judgment in a Criminal Case
Judgment -- Page 5 of 7
DEFENDANT:
DUSTIN SEAN MCCABE
CASE NUMBER:
9:24-CR-80103-CANNON
SPECIAL CONDITIONS OF SUPERVISION
Financial Disclosure Requirement: The defendant shall provide complete access to financial information,
including disclosure of all business and personal finances, to the U.S. Probation Officer.
Mental Health Treatment: The defendant shall participate in an approved inpatient/outpatient mental health
treatment program. The defendant will contribute to the costs of services rendered (co-payment) based on ability
to pay or availability of third party payment.
No New Debt Restriction: The defendant shall not apply for, solicit or incur any further debt, included but not
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or through
any corporate entity, without first obtaining permission from the United States Probation Officer.
Permissible Search: The defendant shall submit to a search of his/her person or property conducted in a
reasonable manner and at a reasonable time by the U.S. Probation Officer.
Unpaid Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution, fines,
or special assessments, the defendant shall notify the probation officer of any material change in the defendant's
economic circumstances that might affect the defendant's ability to pay.
Case 9:24-cr-80103-AMC Document 127 Entered on FLSD Docket 08/12/2025 Page 5 of 7
AO 245B (Rev. FLSD 4/25) Judgment in a Criminal Case
Judgment -- Page 6 of 7
DEFENDANT:
DUSTIN SEAN MCCABE
CASE NUMBER:
9:24-CR-80103-CANNON
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments page.
Assessment
Restitution
Fine
AVAA Assessment*
JVTA Assessment**
TOTALS
$500.00
TBD at Forthcoming
Restitution Hearing
0
☒
The determination of restitution is deferred until 10/30/2025 at 9:30 AM in the Fort Pierce Division. An Amended Judgment
in a Criminal Case (AO245C) will be entered after such determination.
The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment. However, pursuant to 18 U.S.C.
§ 3664(i), all nonfederal victims must be paid before the United States is paid.
☐
Restitution amount ordered pursuant to plea agreement $
☐
The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before
the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on the schedule of
payments page may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
☐
The court determined that the defendant does not have the ability to pay interest and it is ordered that:
☐ the interest requirement is waived for the
☐ fine
☐
restitution
☐ the interest requirement for the
☐ fine
☐
restitution is modified as follows:
Restitution with Imprisonment - It is further ordered that the defendant shall pay restitution in the amount of TBD. During the period of
incarceration, payment shall be made as follows: (1) if the defendant earns wages in a Federal Prison Industries (UNICOR) job, then
the defendant must pay 50% of wages earned toward the financial obligations imposed by this Judgment in a Criminal Case; (2) if the
defendant does not work in a UNICOR job, then the defendant must pay a minimum of $25.00 per quarter toward the financial
obligations imposed in this order. Upon release of incarceration, the defendant shall pay restitution at the rate of 10% of monthly gross
earnings, until such time as the court may alter that payment schedule in the interests of justice. The U.S. Bureau of Prisons, U.S.
Probation Office and U.S. Attorney’s Office shall monitor the payment of restitution and report to the court any material change in the
defendant’s ability to pay. These payments do not preclude the government from using other assets or income of the defendant to satisfy
the restitution obligations.
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. §2259.
** Justice for Victims of Trafficking Act of 2015, 18 U.S.C. §3014.
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.
Case 9:24-cr-80103-AMC Document 127 Entered on FLSD Docket 08/12/2025 Page 6 of 7
AO 245B (Rev. FLSD 4/25) Judgment in a Criminal Case
Judgment -- Page 7 of 7
DEFENDANT:
DUSTIN SEAN MCCABE
CASE NUMBER:
9:24-CR-80103-CANNON
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A
☒
Lump sum payment of $500.00 due immediately.
It is ordered that the Defendant shall pay to the United States a special assessment of $500.00 for Counts 1, 2, 3, 4 and 5 ,
which shall be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be
addressed to:
U.S. CLERK’S OFFICE
ATTN: FINANCIAL SECTION
400 NORTH MIAMI AVENUE, ROOM 8N09
MIAMI, FLORIDA 33128-7716
The assessment/fine/restitution is payable immediately. The U.S. Bureau of Prisons, U.S. Probation Office and the
U.S. Attorney's Office are responsible for the enforcement of this order.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’
Inmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
Joint and Several
See above for Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and
Several Amount, and corresponding payee, if appropriate.
☐
The defendant shall forfeit the defendant’s interest in the following property to the United States:
FORFEITURE of the defendant’s right, title and interest in certain property is hereby ordered consistent with the plea
agreement. The United States shall submit a proposed Order of Forfeiture within three days of this proceeding.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, (5) fine
principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of prosecution and court costs.
Case 9:24-cr-80103-AMC Document 127 Entered on FLSD Docket 08/12/2025 Page 7 of 7File and source
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