Order: An Arraignment hearing was held on 12/13/24 — USA v. Distefano (Dkt. 46, N.D. Ill.)

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Document 46, filed 12/13/24 in No. 1:24-cr-00424 (Case No. 24 CR 424-1) in the U.S. District Court for the Northern District of Illinois, Eastern Division, is a one-page order by Magistrate Judge Jeffrey Cole in United States v. Francesco Distefano. An arraignment was held on the superseding indictment, and Distefano waived formal reading and entered a plea of not guilty on all counts. The order sets the Rule 16.1(a) conference for 12/23/24 and a status hearing before Judge Daniel on 1/7/25 at 9:30am, and it excludes time from 12/13/24 through 1/7/25 under 18 U.S.C. 3161(h)(7). After a detention hearing, Judge Cole found no condition other than continued detention would reasonably assure Distefano's presence at trial, and he remained in U.S. Marshals custody.

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IN THE UNITED STATES DISTRICT COURT FOR THE   
NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
 
United States of America, 
 
  
) 
 
 
 
 
 
 
) 
 
Plaintiff, 
 
 
 
) 
 
Case No:  24 CR 424-1 
 
 
 
 
 
 
) 
 
 
    
 
 
 
v. 
 
 
 
) 
 
 
 
 
 
 
) 
 
Magistrate Judge Jeffrey Cole 
Francesco Distefano,  
 
 
)   
 
 
 
 
 
 
) 
 
Defendant. 
 
 
 
) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
     ORDER  
 
 
An Arraignment hearing was held on 12/13/24 in connection with the superseding 
indictment. Defendant was informed of the charges and the maximum penalties in the event of 
conviction. Defendant acknowledged receipt of a copy of the indictment, waives formal reading 
thereof, and enters a plea of not guilty. A plea of not guilty is entered on all counts of the 
indictment. 16.1 (a) conference by 12/23/24.  Status hearing set before Judge Daniel on 1/7/25 
at 9:30am. Without objection, the Government’s oral motion to exclude time is granted. At the 
initial status hearing, counsel for the United States and for the defendant must be prepared to 
discuss a reasonable but firm schedule for the briefing and filing of pretrial motions. As part of 
the preparation required for the initial status hearing, counsel must gain a working familiarity 
with both the nature and volume of discovery. The time from 12/13/24 through 1/7/25 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.     
 
A hearing was also held on the Government’s motion to detain the defendant pending 
trial.  Based on the evidence presented by the parties at the lengthy, adversary hearing, and after 
carefully considering counsels’ arguments, I have concluded that the Government has shown by 
sufficient evidence that there is no condition or set of conditions, other than continued detention, 
that would reasonably assure the presence of the defendant at trial if he were released on bond. In 
light of the arguments presented to me at the hearing, it is respectfully recommended to the 
officials at Jerome Combs Detention Center in Kankakee that the defendant be transferred to the 
MCC so that he might have greater and easier access to the psychiatric care that the defense has 
strenuously argued is essential to his well-being. Defendant shall remain in the custody of the US 
Marshals.  The court wishes to thank counsel for the United States, Jeffrey Snell, and for 
defendant, Robert Fisher, for their superb and very helpful arguments at the hearing today. 
 
(T:63)  
 
 
 
 
 
 
 
Date: 12/13/24 
 
________________________________________                                 
 
 
 
 
Honorable Jeffrey Cole 
 
 
 
 
United States Magistrate Judge 
Case: 1:24-cr-00424 Document #: 46 Filed: 12/13/24 Page 1 of 1 PageID #:240

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