Sentencing Memorandum — United States v. Dustin Sean McCabe (Dkt. 122, S.D. Fla.)

Summary

Defendant's Sentencing Memorandum in United States v. Dustin Sean McCabe, Case 9:24-cr-80103-AMC-1, in the U.S. District Court for the Southern District of Florida, West Palm Beach Division, entered on the docket August 5, 2025 as Document 122. The offense of conviction is seaman's manslaughter under 18 U.S.C. §1115, and the memorandum objects to the two-level special-skill enhancement under U.S.S.G. §3B1.3 that the Presentence Investigation Report applies because McCabe was the boat captain, arguing that the captain role is already part of the offense. It states that removing the enhancement would yield a total offense level of 24 and a guideline range of 51 to 63 months. The defense cites McCabe's lack of prior criminal history and conduct at trial, and asks for a sentence at the low end of that range or a downward variance.

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