Court filing
Acknowledgment of Receipt of NOA from USCA as to Dustin Sean McCabe re 130 Notice — USA v. McCabe (Dkt. 131, S.D. Fla.)
Filed August 27, 2025 in USA v. McCabe; one of 219 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2025-08-27 |
U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 131 · 2025-08-27 · Docket on CourtListener
Full text
UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
David J. Smith
Clerk of Court
August 27, 2025
For rules and forms visit
www.ca11.uscourts.gov
Tara A. Campion
Bruce S. Rogow, PA
1199 S FEDERAL HWY STE 212
BOCA RATON, FL 33486
Calisha Angeline Francis
7481 NW 37TH CT
LAUDERHILL, FL 33319
John Patrick Musca
Michael Doddo, PA
800 SE 3RD AVE STE 200
FORT LAUDERDALE, FL 33316-1152
Terrence O'Sullivan
White White & Associates
1 NE 2ND AVE STE 200
MIAMI, FL 33132-2523
Appeal Number: 25-12949-F
Case Style: USA v. Dustin McCabe
District Court Docket No: 9:24-cr-80103-AMC-1
CRIMINAL DOCKETING NOTICE
The above-referenced appeal has been docketed in this Court. All documents filed in this appeal
must include the Case Style and Appeal Number shown above.
Appellant Requirements
Unless the following requirements have already been satisfied, within 14 days of the date of
this notice the appellant MUST:
1. Unless counsel was appointed to represent the appellant, pay to the District Court the
Filing Fee OR File a Motion to Proceed In Forma Pauperis (IFP) in the district court.
See FRAP 3(e), FRAP 24.
USCA11 Case: 25-12949 Document: 1-1 Date Filed: 08/25/2025 Page: 1 of 3
AP
Aug 27, 2025
MIAMI
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If the filing fee is not paid and a motion to proceed IFP has not been filed in the
district court within 14 days of the date of this notice, this appeal will be
dismissed without further notice pursuant to 11th Cir. R. 42-1(b).
If the district court has denied the appellant IFP status on appeal, the appellant
has 30 days from the date of the district court's order to file an IFP motion in
this Court. See FRAP 24(a)(5).
2. File in the District Court a Transcript Order Form or a certificate stating no transcripts
will be ordered. See FRAP 10(b) & the accompanying 11th Cir. IOP.
If no transcripts are ordered, appellant's brief is due 40 days after 08/25/2025,
except as otherwise provided by the rules. See 11th Cir. Rules 12-1 and 31-1.
3. File in this Court (Eleventh Circuit) Certificate of Interested Persons and Corporate
Disclosure Statement (CIP). See 11th Cir. R. 26.1-1(a)(1).
4. Complete the Web-Based CIP (attorneys only). See 11th Cir. R. 26.1-1(b).
Additional Appellant Requirements
1. Guilty Plea Issue: If any issue concerning a guilty plea will be raised, the appellant must
ensure that the record includes the transcript of the guilty plea colloquy and any written
plea agreement. See 11th Cir. R. 30-1(a)(13).
2. Sentencing Issue: If any issue concerning the sentence will be raised, the appellant must
ensure that the record includes (a) the transcript of the sentencing proceeding, and (b)
the presentence investigation report and addenda (under seal in a separate envelope). See
11th Cir. R. 30-1(a)(14).
Appellee Requirements
Unless the following requirements have already been satisfied, within 28 days of the date of
this notice, all appellees participating in this appeal MUST:
1. File in this Court (Eleventh Circuit) CIP or a notice. See 11th Cir. R. 26.1-1(a)(3).
2. Complete the Web-Based CIP (attorneys only). See 11th Cir. R. 26.1-1(b).
Electronic Filing
All counsel must file documents electronically using the Electronic Case Files ("ECF") system,
unless exempted for good cause. Although not required, non-incarcerated pro se parties are
permitted to use the ECF system by registering for an account at www.pacer.gov. Information
and training materials related to electronic filing are available on the Court's website.
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Obligation to Notify Court of Change of Addresses
Each pro se party and attorney has a continuing obligation to notify this Court of any changes to
the party’s or attorney’s addresses during the pendency of the case. See 11th Cir. R. 25-7.
Additional Information
Rules, forms, and additional information, including a handbook for pro se litigants, can be
found at www.ca11.uscourts.gov.
Attorney Participation
Only attorneys admitted to the bar of the Court and attorneys admitted for a particular
proceeding may practice before the Court. See 11th Cir. Rules 46-1, 46-3, and 46-4. You may
look up your bar admission status at https://www.ca11.uscourts.gov/bar-admission-status-look.
The Application for Admission to the Bar and other forms and information can be found at
https://www.ca11.uscourts.gov/attorney-forms-and-information.
All attorneys (except court-appointed attorneys) who wish to participate in this appeal must file
an Appearance of Counsel Form within 14 days of the date of this notice. See 11th Cir. R. 46-
6(b). Please also see FRAP 46 and the corresponding circuit rules.
Note to Retained Counsel
Eleventh Circuit Rule 46-10(a) states, "Retained counsel for a criminal defendant has an
obligation to continue to represent that defendant until successor counsel either enters an
appearance or is appointed under the Criminal Justice Act, and may not abandon or cease
representation of a defendant except upon order of the court."
Motions to Withdraw
Counsel who file a motion to withdraw from a criminal appeal must also comply with 11th Cir.
R. 27-1(a)(7), (a)(8). In addition, a motion to withdraw as counsel stays only briefing on appeal;
it does not stay other deadlines. See 11th Cir. R. 31-1(b).
Clerk's Office Phone Numbers
General Information: 404-335-6100 Attorney Admissions: 404-335-6122
Case Administration: 404-335-6135 Capital Cases: 404-335-6200
CM/ECF Help Desk: 404-335-6125 Cases Set for Oral Argument: 404-335-6141
CRIM 1 - Notice of Docketing
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO.: 24-CR-80103-CANNON
UNITED STATES OF AMERICA
v.
DUSTIN SEAN MCCABE
______________________________/
NOTICE OF APPEAL
Defendant, Dustin Sean McCabe, files this notice of appeal to the United States Court of
Appeals for the Eleventh Circuit, from a Judgment in a Criminal Case, Doc 127, entered on August
12, 2025.
Respectfully submitted,
/s/ Tara A. Campion
TARA A. CAMPION
FL. Bar No.: 90944
BRUCE S. ROGOW, P.A.
1199 S. Federal Hwy., #212
Boca Raton, FL 33432
PH: 954.767.8909
tcampion@rogowlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 22, 2025, I electronically filed the foregoing with
the Clerk of Court using CM/ECF. I also certify that the foregoing is being served this day on all
counsel of record and pro se parties, via transmission of Notices of Electronic Filing generated by
CM/ECF.
/s/ Tara A. Campion
TARA A. CAMPION
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