Case 1:08-cr-20612-PAS Document 261

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-20612-CR-SEITZ

UNITED STATES OF AMERICA vs. TRAIAN BUJDUVEANU, Defendant. ________________________________/

GOVERNMENTS MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANTS MOTION FOR RETURN OF PROPERTY COMES NOW, the United States of America, by and through the undersigned Assistant United States Attorney, and respectfully moves this Court for an extension of time to file a Response to Defendants Motion for Return of Property, filed April 6, 2010 (DE:259), and states as follows: On April 6, 2010, Defendant Traian Bujduveanu filed a Motion for Return of Property. Although Defendant Bujduveanu raises numerous matters in said Motion, the relief sought therein is a request for the return of certain property seized from Defendant Bujduveanus residence during execution of a search warrant at the residence in June 2008. Specifically, Defendant appears to seek the return of the Defendants wifes computers, cash found in his residence, a black leather briefcase, two laptop cases, and two computer memory sticks. The Government has worked diligently to locate each of the items noted in the Defendants Motion. The Government notes that there is a substantial amount of evidence in this case which is spread among multiple law enforcement agency storage facilities. To date, the majority of the items have been identified and

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located.

In light of recent law in this Circuit (see, e.g. U.S. v. Juan Carlos Palacios Gonzalez, Case No. 09-14538 (11th Cir. April 15, 2010)), the Government is required to submit affidavits in support of its response regarding the property at issue. At this time, the Government is working to obtain affidavits and supporting documentation from the appropriate law enforcement agents and evidence custodians regarding the property at issue. However, given that some of the property has only been identified or located as recently as this week, the Government has not yet had the opportunity to obtain all of the necessary documentation. Therefore, the Government is now seeking an extension of time in which to respond to Defendants Motion to give the Government sufficient time to complete the necessary collection and compilation of information, affidavits, and documentation. Undersigned counsel for the United States believes that we will have all of the necessary paperwork within approximately two weeks. This Court issued an Order, dated April 7, 2010, requiring a Response to Defendants Motion be filed by April 23, 2010 (DE:260). The United States is therefore seeking a two-week extension of time from April 23, 2010, to respond to the Defendants Motion for Return of Property. The requested extension of time is not for the purpose of delay, but rather to ensure a proper, accurate, and complete Response on behalf of the United States. Due to the fact that Defendant is in custody, undersigned counsel was unable to contact Defendant to determine whether he would agree to the requested extension.

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WHEREFORE, the United States respectfully requests that this Court grant its Motion for a two-week extension of time, and order that its Response in the above-captioned case be due on May 7, 2010.

Respectfully submitted, JEFFREY H. SLOMAN UNITED STATES ATTORNEY

By:

/S/ Melissa Damian Assistant United States Attorney Florida Bar No. 0068063 99 Northeast 4th Street Miami, Florida 33132-2111 Tel: (305) 961-9018 Fax: (305) 536-4675

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 21, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day via U.S. Mail to Traian Bujduveanu, pro se, Reg # 80655-004,Federal Correctional Complex-Coleman, Low, P.O. Box 1031, Coleman, FL 33521.

Melissa Damian Assistant United States Attorney