United States v. Dustin Sean McCabe: Unopposed Motion to Amend Judgment as to Restitution Amount (Southern District of Florida, Case No. 24-80103-CR)
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Unopposed Motion to Amend Judgment as to Restitution Amount, Document 133 in Case No. 24-80103-CR-CANNON in the Southern District of Florida, United States v. Dustin Sean McCabe, entered on the docket 10/20/2025. The government asks the Court to amend the judgment at DE 127 to reflect $44,741.06 in restitution owed to the victims and to cancel the restitution hearing set for October 30, 2025. It recounts that a grand jury indicted the defendant on August 22, 2024 for 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, that a jury found him guilty on all counts after a seven-day trial in February 2025, and that on August 6, 2025 the Court sentenced him to 100 months in prison and three years of supervised release, leaving restitution to be set.
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“United States v. Dustin Sean McCabe: Unopposed Motion to Amend Judgment as to Restitution Amount (Southern District of Florida, Case No. 24-80103-CR).”
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Case 9:24-cr-80103-AMC Document 133 Entered on FLSD Docket 10/20/2025 Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-80103-CR-CANNON
UNITED STATES OF AMERICA
v.
DUSTIN SEAN MCCABE,
Defendant.
/
UNOPPOSED MOTION TO AMEND JUDGMENT AS TO RESTITUTION AMOUNT
The United States of America hereby moves the Court unopposed to amend the judgment
in this case, DE 127, to reflect $44,741.06 in restitution owed to the victims in this case and to
cancel the restitution hearing now set for October 30, 2025. In support, the Government
respectfully submits the following:
PROCEDURAL BACKGROUND
1. On August 22, 2024, a grand jury sitting in the Southern District of Florida returned
an indictment charging the Defendant with one count of seaman’s manslaughter, in violation of 18
U.S.C. § 1115, one count of making a false statement within the jurisdiction of an agency of the
United States, in violation of 18 U.S.C. § 1001(a)(2), and three counts of wire fraud, in violation
of 18 U.S.C. § 1343. DE 3. He made his initial appearance in this District and was arraigned on
September 20, 2024, and was released on bond. DE 13.
2. The Defendant proceeded to trial in February 2025, and a federal jury found him
guilty on all counts after a seven-day trial. See DE 83.
3. On August 6, 2025, this Court sentenced the Defendant to 100 months in prison,
followed by three years of supervised release. See DE 125; DE 127. The Court’s judgment also
Case 9:24-cr-80103-AMC Document 133 Entered on FLSD Docket 10/20/2025 Page 2 of 3
included a Criminal Monetary Penalties section that did not set the restitution amount, setting a
future hearing on October 30, 2025, to determine that amount. See DE 126. The Court further
provided that the parties must file any “relevant motions, responses, or stipulations on the matter
of restitution” by October 20, 2025. DE 126.
BASIS FOR REQUEST AND REQUEST FOR THIS COURT TO AMEND THE JUDGMENT
4. In the months since sentencing, the Government has made inquiries and determined
that the appropriate amount of restitution in this case to be $44,741.06, which consists of victim
losses. This amount consists of $5,606.13 due to Tiffany Ghiz, the victim’s sister, for funeral and
travel expenses to attend the proceedings, as well as $39,135 due to the United States Treasury.
The Government has supplied supporting documentation to the defense, and the defense does not
contest this amount as an appropriate restitution judgment in this matter.
5. The Government therefore moves this Court to amend the judgment in this matter
to reflect $44,741.06 in restitution payable to the victims, to be paid in the manner described in the
terms set forth in the Judgment. The United States will provide the Probation Office with a victim
list containing contact information for remittance of payment.
6. The undersigned Assistant United States Attorney has conferred with Terrence
O’Sullivan and Calisha Francis, counsels for the Defendant, who have indicated that the Defendant
does not oppose this motion.
[Remainder of Page Intentionally Left Blank]
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Case 9:24-cr-80103-AMC Document 133 Entered on FLSD Docket 10/20/2025 Page 3 of 3
WHEREFORE, the United States respectfully requests that the Court amend its judgment
in this case to reflect a restitution amount of $44,741.06, to be paid in accordance with the
conditions set forth in the judgement and cancel the restitution hearing.
Date: October 20, 2025
Respectfully submitted,
JASON A. REDING QUIÑONES
UNITED STATES ATTORNEY
BY: /s/ Jacob Koffsky
Jacob Koffsky
Assistant United States Attorney
99 NE 4th Street
Miami, Florida 33132
305-961-9386
Jacob.Koffsky@usdoj.gov
Florida Bar. No. 1018115
CERTIFICATE OF CONFERRAL
I HEREBY CERTIFY that on June 10-11, 2025, the Government conferred with Terrence
O’Sullivan and Calisha Francis, attorneys for the Defendant, who indicated that the defense does
not oppose this motion.
/s/ Jacob Koffsky
Jacob Koffsky
Assistant United States Attorney
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 20, 2025, I electronically filed the foregoing
document with the Clerk of the Court using CM/ECF.
/s/ Jacob Koffsky
Jacob Koffsky
Assistant United States Attorney
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