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Defendant’s Motion to Continue — No. 4:20-cr-40056 (Dkt. 54, C.D. Ill.)

Summary

A defendant's motion to continue filed in the U.S. District Court for the Central District of Illinois, Peoria Division, in United States v. Mitchell Allen Melega, Case No. 20-CR-40056, docketed as 4:20-cr-40056, as filing #54 of 2 pages. Through attorney Maribeth Egert Dura, Melega states that trial is set for January 8, 2024 with a pre-trial on November 29, 2023, that the trial date had been thought sufficient for counsel for both defendants to prepare, that the co-defendant has since entered a plea, and that his own counsel, who joined the case later because he long had a private attorney, was unaware that discovery runs to approximately 1.6 million pages. Counsel says she needs more time to get through the discovery and will not be ready for trial on January 8, 2024, and asks for additional time in the interests of justice.

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Cite this document

“Defendant’s Motion to Continue — No. 4:20-cr-40056 (Dkt. 54, C.D. Ill.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/defendant-s-motion-to-continue-no-4-20-cr-40056-dkt-54-c-d-ill-5368ebe590/, SHA-256 1404b2a4fa867d8252b1245a4a85dd49a91205616fc6ea7d2cae4f14c72099dd.

Full text

                4:20-cr-40056-JES-JEH # 54                Filed: 11/20/23     Page 1 of 2



                         UNITED STATES DISTRICT COURT CENTRAL
                                  DISTRICT OF ILLINOIS
                                    PEORIA DIVISION

UNITED STATES OF AMERICA,                         )
                                                  )
                         Plaintiff,               )
                                                  )
        v.                                        )        Case No.: 20-CR-40056
                                                  )
MITCHELL ALLEN MELEGA,                            )
                                                  )
                         Defendant.               )

                             DEFENDANT’S MOTION TO CONTINUE

        Now comes Defendant, MITCHELL ALLEN MELEGA, through his attorney, Maribeth Egert

Dura, and for his Motion to Continue states as follows:

        1.      This matter is set for trial on January 8, 2024. A Pre-Trial is set for November 29, 2023.

That the trial date was determined to be time sufficient for counsel for Defendant and Co-Defendant to

be prepared for trial at that time. The Co-Defendant has since entered a plea. Defendant’s attorney had

not been in the case as long as the co-defendant’s attorney as the Defendant had a private attorney for

a significant amount of time. Unfortunately, Defendant’s counsel was unaware at that time that discovery

was approximately 1.6 million pages.

        2.      This case involves approximately 1.6 million pages of discovery. Defendant’s counsel

needs more time to get through discovery. The discovery in this matter is voluminous and the

Defendant’s attorney is not ready for trial nor will she be on January 8, 2024. The Defendant is

requesting additional time to get through discovery.

        3.      This continuance is made in good faith and the ends of justice would outweigh the

interests of the parties by continuing this pretrial and current trial setting as Defendant’s attorney cannot

get through 1.5 million more pages of discovery by the current trial setting and represent the Defendant

effectively at trial without going through all the discovery.




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               4:20-cr-40056-JES-JEH # 54              Filed: 11/20/23    Page 2 of 2



       4.      The Defendant has been consulted and concurs in this request.

       WHEREFORE, The Defendant prays this Honorable Court grant Defendant’s Motion to

Continue and reset the matter and for further relief as the Court deems just and equitable.

                                               MITCHELL ALLEN MELEGA, Defendant,

                                               By: /s/ Maribeth Egert Dura
                                               Attorney for Defendant




                                  CERTIFICATE OF SERVICE

        I hereby certify that on November 20, 2023, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system which will send notification of such filing to the following:


John K Mehochko                     john.mehochko@usdoj.gov, angela.mae.hutton@usdoj.gov,
anysa.delarosa@usdoj.gov,          CaseView.ECF@usdoj.gov, glenda.verbeke@usdoj.gov,
sandy.moore@usdoj.gov

Maribeth Egert Dura                     maribeth_dura@hotmail.com,           duralaw@sbcglobal.net,
maribeth_duralaw@sbcglobal.net

Murray W Bell      mwbell@kirkwoodlaw.com, aolson@kirkwoodlaw.com

William Lester Breedlove      william@breedlovelegal.com, taylor@breedlovelegal.com

                                                        By: /s/ Maribeth Egert Dura
                                                        Attorney for Defendant



Maribeth Egert Dura
Dura Law Office
4507 N. Sterling, Suite 301
Peoria, Illinois 61615
Ph:     (309) 686-0895
Fax: (309) 686-0985
E-mail: Maribeth_Dura@hotmail.com



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