Motion by Francesco Distefano For Hearing On Detention — USA v. Distefano (Dkt. 29, N.D. Ill.)

Summary

Defendant's Motion for Hearing on Detention, Doc. 29, filed November 29, 2024, in United States of America v. Francesco Distefano, No. 24-cr-00424, United States District Court, Northern District of Illinois, Eastern Division. The motion asks the Court to set a date for a hearing on Defendant's continued detention pending trial and to set appropriate conditions for pretrial release. It states that on September 10, 2024, Defendant was indicted for a non-violent fraud offense (ECF 1), and that on September 16, 2024, Defendant waived a detention hearing and consented to detention, without prejudice (ECF 13). It also states that the case is set for status on December 12, 2024 (ECF 18). The signature block carries /s/ Barry A. Spevack.

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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
) 
 
 
 
 
 
 
 
) 
 
 
 
Plaintiff, 
 
 
) 
 
 
 
 
 
 
 
) 
 
 
 
-v- 
 
 
 
) 
No. 24-cr-00424 
 
 
 
 
 
 
 
) 
Judge Daniel 
FRANCESCO DISTEFANO, 
 
 
) 
Mag. Judge McShain 
 
 
 
Defendant.  
 
) 
 
DEFENDANT’S MOTION FOR 
HEARING ON DETENTION 
 
 
NOW COMES the Defendant, FRANCESCO DISTEFANO, by and through 
counsel, and respectfully requests that the Court set a date for a hearing on 
Defendant’s continued detention pending trial. 
 
IN SUPPORT of this Motion, Defendant states that on September 10, 2024, 
Defendant was indicted for a non-violent fraud offense. (ECF 1). On September 16, 
2024, Defendant waived his right to a detention hearing and consented to detention. 
The Court (Magistrate Judge McShain) entered an Order that while Defendant 
shall therefore remain in custody until further order of the Court, the waiver and 
consent were without prejudice and that Defendant at a later time may move for 
pretrial release on conditions. (ECF 13).  Defendant thereto moves the Court to 
enter an order for his release with conditions at this time. The case itself is 
presently set for status on December 12, 2024, at 9:30 a.m. (ECF 18). 
Case: 1:24-cr-00424 Document #: 29 Filed: 11/29/24 Page 1 of 2 PageID #:63

 
WHEREFORE, Defendant respectfully requests that the Court set a date for 
an in-person hearing on Defendant’s continued detention, and set appropriate 
conditions for Defendant’s pretrial release.  
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
FRANCESCO DISTEFANO 
 
 
 
 
 
 
 
 
By: 
/s/ Barry A. Spevack 
 
 
 
 
 
 
 
One of his attorneys 
Robert A. Fisher 
raf@fisherlevinelaw.com 
FISHERLEVINE LAW GROUP LLP 
20 South Clark Street 
Suite 700 
Chicago, Illinois 60603 
312-372-8888  
 
Barry A. Spevack 
bspevack@monicolaw.com 
MONICO & SPEVACK LLC 
53 West Jackson Blvd. 
Suite 1315 
Chicago, Illinois 60604 
312-782-8500 
 
 
Attorneys for Defendant1 
 
 
CERTIFICATE OF SERVICE 
 
 
Barry A. Spevack, an attorney, states that all parties have filed appearances 
on the Court’s ECF Filing System and accordingly were served upon the filing of 
this motion on November 29, 2024. 
 
 
 
 
 
 
 
 
/s/ Barry A. Spevack 
 
 
 
1  Defendants’ prior attorneys have indicated an intent to file a motion to withdraw. 
Case: 1:24-cr-00424 Document #: 29 Filed: 11/29/24 Page 2 of 2 PageID #:64

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