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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

v.

JACOB MATHLEY

Case No. 20 CR 585

 

Hon. Rebecca R. Pallmeyer

Chief Judge

GOVERNMENT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO 

INDICT

The UNITED STATES OF AMERICA, by its attorney, JOHN R. LAUSCH, JR., 

United States Attorney for the Northern District of Illinois, respectfully moves this 

Court, pursuant to 18 U.S.C. ' 3161(h)(7)(A), for a 30-day extension of time, to and 

including November 2, 2020, in which to seek the return of an indictment or to file an 

information in this case. In support of this motion, the government states as follows: 

1. The defendant was arrested on September 2, 2020, and he was charged 

by complaint the next day on September 3, 2020. Dkt. 1. The one-count complaint 

charges defendant with possession of child pornography, in violation of Title 18, 

United States Code, Section 2252A(a)(5)(B). Id.

2. On September 3, 2020, the defendant appeared before Magistrate Judge

Maria Valdez for an initial appearance, at which the government moved to detain the 

defendant. Dkt. 3. At the request of the defense, the defendant’s detention hearing 

has been continued to September 22, 2020. Dkt. 9. The defendant waived his right to 

a preliminary examination hearing in writing. Dkt. 8.

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3. The Speedy Trial Act, 18 U.S.C. § 3161(b), mandates that an indictment 

or information be filed within 30 days of the date of a defendant’s arrest. As the 

defendant was taken into custody on September 2, 2020, the deadline for filing an 

indictment or information in the case against the defendant is October 2, 2020. Time 

may be excluded from the computation of this thirty-day period if a judge grants a 

motion for a continuance made by the government upon finding that the ends of 

justice served by granting the continuance outweigh the best interest of the defendant 

and public in a speedy trial. Id. § 3161(h)(7)(A); see also United States v. Adams, 625 

F.3d 371, 378–79 (7th Cir. 2010). Among the factors identified by Congress as 

relevant to the determination whether time should be extended for indictment are 

those set forth in 18 U.S.C. ' 3161(h)(7)(B)(iii) and (iv), which provide in relevant 

part:

Whether, in a case in which arrest precedes indictment, delay in 

the filing of the indictment is caused because the arrest occurs at 

a time such that it is unreasonable to expect return and filing of 

the indictment within the period specified in section 3161(b), or 

because the facts upon which the grand jury must base its 

determination are unusual or complex. 

Whether the failure to grant such a continuance in a case which, 

taken as a whole, is not so unusual or so complex as to fall within 

clause (ii), would deny the Government continuity of counsel or 

would deny the Government the reasonable time necessary for 

effective preparation, taking into account the exercise of due 

diligence.

4. This is the government’s first request for an extension of time in which 

to indict or file an information. 

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5. For the reasons outlined in the sealed attachment, the government 

hereby seeks a 30-day extension in which to seek the return of an indictment or file 

an information against the defendantin this case,to and including November 2, 2020.

6. The government will produce early discovery to the defendant as it 

becomes available. 

7. Counsel for the defendant, Donna Foley, does not oppose this request. 

WHEREFORE, the government respectfully requests a 30-day extension of 

time,to and including November 2, 2020, in which to seek the return of an indictment 

or to file an information in this case.

Dated: September 16, 2020 Respectfully submitted,

JOHN R. LAUSCH, JR. 

United States Attorney

By: /s/ Angel M. Krull

ANGEL M. KRULL

Assistant United States Attorney

United States Attorney’s Office

219 S. Dearborn Street

Chicago, Illinois 60604

(312) 399-9915

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