Free Motion to Continue Trial - District Court of Arizona - Arizona

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MARK PAIGE 45 West Jefferson Luhrs Tower - Suite #806 Phoenix, AZ 85003-2317 (602) 254-5457 State Bar #020902 Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-04-1280-PHX-FJM ) Plaintiff, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE TRIAL AND EXTEND ) PRETRIAL MOTIONS AND ALL Goran Bencun, ) OTHER DEADLINES ) Defendant. ) (Sixth Request) _______________________________________) The defendant, Goran Bencun, by and through counsel respectfully moves the Court for a continuance of the presently set trial date of January 31, 2006 and extension of the deadline for pretrial motions on the following grounds: 1. The defendant is charged by Indictment with perjury and false statement on an immigration document. The defendant was Indicted on or about December 15, 2004 and arraigned on December 20, 2004. 2. Counsel for the defendant is attempting to investigate this matter. This investigation is time consuming and involves records and agencies not readily available to the defense. Further, several of these cases are pending before this court. Motions have been granted in at least two of those matters for a deposition of a key witnesses who resides outside this country. This same witness is key to the investigation and defense of Mr. Bencun. Counsel will be filing a request to participate in this same deposition. The deposition is not yet scheduled (to the best of my knowledge). 3. In addition, counsel has been unable to properly prepare for trial due to a recent workload. These recent matters have included compliance with a number of deadlines in

Case 2:04-cr-01280-FJM

Document 33

Filed 01/23/2006

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a matter designated a complex criminal litigation and involves a number of defendants and significant discovery issues. This matter also involves thousands of pages of documents, hundreds of video tapes and hundreds of audio tapes. In addition, counsel was preparing for a First Degree Murder trial for January 10 which was continued on January 5. Next, counsel was in preparation for and trial in Prescott on a federal kidnaping and attempted aggravated sexual abuse trial which began on January 17 and ended January 19. 4. Counsel has a great deal of additional discovery received from the government (on or about mid-December to continue to review and prepare to utilize at trial after discussion with the client. 5. This defendant is in custody. At the time of this filing, counsel for the Government, Andrew Pacheco, has no objection to this request. The defendant respectfully requests a continuance of this matter for thirty to forty-five (30-45) days to allow undersigned counsel to be prepared and able to render effective assistance of counsel consistent with the Sixth Amendment guarantee for every defendant.

Respectfully submitted this 23 rd day of January, 2006. S/ Mark A. Paige MARK PAIGE Attorney for Defendant Copy of the foregoing was electronically delivered this 23 rd day of January , 2006 to: Andrew Pacheco Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue Suite 1200 Phoenix, AZ 85004-4408 s/ Mark A. Paige Mark A. Paige

Case 2:04-cr-01280-FJM

Document 33

Filed 01/23/2006

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