Order: Initial appearance and arraignment — USA v. Distefano (Dkt. 6, N.D. Ill.)

Summary

Document 6, filed 09/11/24 in No. 1:24-cr-00424, in the U.S. District Court for the Northern District of Illinois, Eastern Division, is a two-page order by Magistrate Judge Heather K. McShain in United States v. Francesco Distefano. At the initial appearance and arraignment on 09/11/2024, the court appointed Attorney John Lugutki for that hearing only because retained counsel could not appear. Distefano acknowledged receiving the Indictment and pleaded not guilty. The government orally moved to detain him, and a detention hearing was set for 09/13/2024 at 12:00 p.m. A status hearing before Judge Daniel was set for 10/02/2024 at 9:30 a.m., and time through that date was excluded under 18 U.S.C. § 3161(h)(7). He was remanded to the U.S. Marshal, and the case was unsealed.

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UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
FRANCESCO DISTEFANO, 
Defendant. 
 
No. 1:24-cr-00424 
 
District Jude Daniel 
Magistrate Judge McShain 
 
ORDER 
 
Initial appearance and arraignment held on 09/11/2024. Defendant appears in 
response to arrest on 09/11/2024. Retained counsel unable to appear, the Court 
appoints Attorney John Lugutki for today’s hearing only. Defendant informed of his 
rights. Defendant informed of the charge against him as well as of the possible 
sentence/fine if convicted of the charge. Defendant acknowledges receipt of the 
Indictment; waives formal reading of Indictment; and, enters a plea of not guilty. The 
Government orally moved to detain and for a detention hearing pursuant to 18 U.S.C 
§§ 3142(f)(2)(A) and (f)(2)(B). For the reasons stated on the record, in-person 
detention hearing is set before Magistrate Judge McShain for 09/13/2024 at 12:00 
p.m. in Courtroom 1025. Pretrial Services may participate in the hearing 
telephonically. Any potential third-party custodian is required to attend the 
detention hearing in-person on 09/13/2024. Rule 16.1(a) conference to be held by 
09/21/2024. Status hearing is set before Judge Daniel on 10/02/2024 at 9:30 a.m. 
Pretrial motion schedule is deferred until the initial status hearing before Judge 
Daniel. The Government's unopposed oral motion to exclude time is granted. The time 
from 09/11/2024 through 10/02/2024 is excluded under 18 U.S.C. § 3161(h)(7) to serve 
the ends of justice. Excluding time will permit the parties to review discovery 
materials and allow the time that is reasonably necessary for effective preparation. 
Such delay outweighs the interests of the public and the defendant in a speedy trial, 
particularly at this early stage of the case. Pursuant to Fed. R. Crim. P. 5(f)(1), the 
Court confirmed the continuing obligation of the United States to disclose information 
favorable to the Defendant as to guilt or punishment, and possible consequences of 
nondisclosure. For further details, please see the attached written order. Defendant 
is remanded to the custody of the U.S. Marshal until further order of the Court.  
 
 
Case: 1:24-cr-00424 Document #: 6 Filed: 09/11/24 Page 1 of 2 PageID #:17

2 
The Government's oral motion to unseal the case is granted. The Clerk's Office 
is directed to unseal this case. 
(X-T) T: IA00:05; AR00:10 
_____________________________________ 
HEATHER K. McSHAIN 
United States Magistrate Judge 
DATE: September 11, 2024 
Case: 1:24-cr-00424 Document #: 6 Filed: 09/11/24 Page 2 of 2 PageID #:18

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