United States v. Gerrit Tibboel, 753 F.2d 608 (7th Cir. 1985). · Go Syfert
United States v. Gerrit Tibboel, 753 F.2d 608 (7th Cir. 1985). Cases Citing This Book View Copy Cite
“when tibboel appeared in court on april 14 to plead not guilty, the judge gave him 10 days in which to file pretrial motions.”
101 citation events (42 in the last 25 years) across 16 distinct courts.
Strongest positive: United States v. William Montoya (ca7, 1987-08-18) · Strongest negative: United States v. Boyd (ilnd, 1992-03-10)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited "but see" United States v. Boyd (4×) also: Cited as authority (rule), Cited "see"
N.D. Ill. · 1992 · signal: but see · confidence high
But see infra note 7 and accompanying text discussing United States v. Tibboel, 753 F.2d 608 (7th Cir.1985) (thirty-day limit on pretrial motion delay appropriate in some instances, especially where defendant files only one pretrial motion); see also United States v. Janik, 723 F.2d 537, 543-44 (7th Cir.1983). 8 .
discussed Cited as authority (verbatim quote) United States v. William Montoya (2×) also: Cited as authority (rule)
7th Cir. · 1987 · quote attribution · 1 verbatim quote · confidence high
when tibboel appeared in court on april 14 to plead not guilty, the judge gave him 10 days in which to file pretrial motions.
discussed Cited as authority (rule) United States v. O'Connor
7th Cir. · 2011 · confidence medium
Under circuit precedent then in effect, these delays were automatically excludable under a different provision of the Act authorizing the exclusion of time for “delay resulting from any pretrial motion.” See 18 U.S.C. § 3161 (h)(1)(D); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Bennett
N.D. Ind. · 2010 · confidence medium
Even when motions are not actually filed in the allotted time, the amount of time granted by the district judge for their preparation and submission is excludable.” (internal quotation marks and citations omitted, emphasis in original)); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985) (joining the First Circuit in holding “that time consumed in the preparation of a pretrial motion must be excluded-provided that the judge has expressly granted a party time for that purpose”); see also United States v. Napadow, 596 F.3d 398 (7th Cir.2010) (citing Montoya).
examined Cited as authority (rule) Bloate v. United States (9×) also: Cited "see", Cited "see, e.g."
SCOTUS · 2010 · confidence medium
To avoid a result so inconsistent with the statute’s purpose — i. e., “to avoid creating a big loophole in the statute,” United States v. Tibboel, 753 F. 2d 608, 610 (CA7 1985) — these courts have found it necessary to craft limitations on the automatic exclusion for pretrial motion preparation time that their interpretation of subsection (h)(1) otherwise would allow.
discussed Cited as authority (rule) United States v. Gary Pansier
7th Cir. · 2009 · confidence medium
When a court is called upon to decide multiple motions, however, that period of advisement may be extended beyond thirty days as long as the court resolves the pending motions with “reasonable promptness.” Pedroza, 269 F.3d at 830 ; United States v. Salerno, 108 F.3d 730, 737 (7th Cir. 1997); United States v. Tibboel, 753 F.2d 608, 612 (7th Cir. 1985).
discussed Cited as authority (rule) United States v. Pansier
7th Cir. · 2009 · confidence medium
When a court is called upon to decide multiple motions, however, that period of advisement may be extended beyond thirty days as long as the court resolves the pending motions with “reasonable promptness.” Pedroza, 269 F.3d at 830 ; United States v. Salerno, 108 F.3d 730, 737 (7th Cir.1997); United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Oberoi
2d Cir. · 2008 · confidence medium
See United States v. Mejia, 82 F.3d 1032, 1035-36 (11th Cir. 1996) (“[CJourts have concluded that the time given for filing potential pretrial motions is excluded under 18 U.S.C. § 3161 (h)(1) because the time given is ‘delay resulting from other proceedings concerning the defendant.’ Whether motions are actually filed during the extension is unimportant.” (internal citations omitted)); United States v. Lewis, 980 F.2d 555, 564 (9th Cir.1992) (finding “persuasive” decisions holding “that § 3161(h)(1) excludes from [Speedy Trial Act] calculations time that the trial judge expres…
discussed Cited as authority (rule) United States v. Oberoi
2d Cir. · 2008 · confidence medium
Cir. 1987) (“[T]he trial court may 12 exclude motion preparation time in its sound discretion.”); 13 United States v. Tibboel, 753 F.2d 608, 610 (7th Cir. 1985) 14 (“[T]ime consumed in the preparation of a pretrial motion 15 must be excluded--provided that the judge has expressly 16 granted a party time for that purpose.”); United States v. 17 Jodoin, 672 F.2d 232, 238 (1st Cir. 1982) (“Whether or not 18 this additional delay fits within the language of § 19 3161(h)(1)(F), . . . it should be excluded.”). 20 The Fourth and Sixth Circuits are of the opposite view. 21 See United Stat…
cited Cited as authority (rule) United States v. Taylor Bloate
8th Cir. · 2008 · confidence medium
Cir. 1987); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir. 1985); United States v. Jodoin, 672 F.2d 232, 238 (1st Cir. 1982).
discussed Cited as authority (rule) United States v. Bloate
8th Cir. · 2008 · confidence medium
Even without applying subsection (F), six circuits hold that pretrial motion preparation time may be excluded, if the court specifically grants time for that purpose, because that time is “delay resulting from other proceedings concerning the defendant.” See United States v. Mejia, 82 F.3d 1032, 1035-36 (11th Cir.1996); United States v. Lewis, 980 F.2d 555, 564 (9th Cir.1992); United States v. Mobile Materials, Inc., 871 F.2d 902, 913-14 (10th Cir.1989); United States v. Wilson, 835 F.2d 1440, 1444-45 (D.C.Cir.1987); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985); United States…
cited Cited as authority (rule) White, Robert v. United States
7th Cir. · 2008 · confidence medium
See Zedner v. United States, 547 U.S. 489 , 506‐507 (2006); United States v. Tibboel, 753 F.2d 608, 611 (7th Cir. 1985).
cited Cited as authority (rule) White v. United States
7th Cir. · 2008 · confidence medium
See Zedner v. United States, 547 U.S. 489, 506-507 , 126 S.Ct. 1976 , 164 L.Ed.2d 749 (2006); United States v. Tibboel, 753 F.2d 608, 611 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Harris, Anthony (2×)
D.C. Cir. · 2007 · confidence medium
See Scott, 270 F.3d at 57 n. 19; United States v. Tibboel, 753 F.2d 608, 611-12 (7th Cir.1985).
cited Cited as authority (rule) United States v. Miguel Suarez-Perez
8th Cir. · 2007 · confidence medium
Cir. 1987); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir. 1985); United States v. Jodoin, 672 F.2d 232, 238 (1st Cir. 1982).
discussed Cited as authority (rule) United States v. Miguel Suarez-Perez
8th Cir. · 2007 · confidence medium
See United States v. Lewis, 980 F.2d 555, 564 (9th Cir.1992); United States v. Wilson, 835 F.2d 1440, 1444-45 (D.C.Cir.1987); United States v. Tihboel, 753 F.2d 608, 610 (7th Cir.1985); United States v. Jodoin, 672 F.2d 232, 238 (1st Cir.1982).
discussed Cited as authority (rule) United States v. Oberoi (2×)
W.D.N.Y. · 2003 · confidence medium
In support of the exclusion, the Magistrate Judge cited the following cases: United States v. Piontek, 861 F.2d 152, 154 (7th Cir.1988); United States v. Montoya, 827 F.2d 143, 153 (7th Cir.1987); United States v. Wilson, 835 F.2d 1440, 1444 (D.C.Cir.1987); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985), and United States v. Jodoin, 672 F.2d 232, 238 (1st Cir.1982).
discussed Cited as authority (rule) United States v. Alan N. Scott
1st Cir. · 2001 · confidence medium
See United States v. Grosz, 76 F.3d 1318 , 1325 n. 7 (5th Cir.1996); United States v. Moran, 998 F.2d 1368, 1371-72 (6th Cir.1993); United States v. Brenna, 878 F.2d 117, 122 (3rd Cir.1989) (per curiam); United States v. Crane, 776 F.2d 600, 606-07 (6th Cir.1985); United States v. Tunnessen, 763 F.2d 74, 77 (2d Cir.1985); United States v. Tibboel, 753 F.2d 608, 611 (7th Cir.1985); United States v. Carey, 746 F.2d 228, 230 (4th Cir.1984); United States v. Frey, 735 F.2d 350, 353 (9th Cir.1984); United States v. Richmond, 735 F.2d 208, 216 (6th Cir.1984); Janik, 723 F.2d at 545 ; United States v…
discussed Cited as authority (rule) United States v. Juan Pedroza and Hilario Pedroza
7th Cir. · 2001 · confidence medium
While the “reasonable promptness” standard is not susceptible to mathematically precise definition (and we specifically reject any mechanical standard such as 30 days per motion), we have found that trial courts have acted with reasonable promptness when they have taken 42 days to decide seven motions, United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1985), 68 days to decide eight motions, United States v. Latham, 754 F.2d 747, 753 (7th Cir.1985), and 50 days to decide 24 motions, United States v. Cheek, 3 F.3d 1057, 1066-67 (7th Cir.1993).
discussed Cited as authority (rule) United States v. Pedroza, Juan
7th Cir. · 2001 · confidence medium
While the "reasonable promptness" standard is not susceptible to mathematically precise definition (and we specifically reject any mechanical standard such as 30 days per motion), we have found that trial courts have acted with reasonable promptness when they have taken 42 days to decide seven motions, United States v. Tibboel, 753 F.2d 608, 612 (7th Cir. 1985), 68 days to decide eight motions, United States v. Latham, 754 F.2d 747, 753 (7th Cir. 1985), and 50 days to decide 24 motions, United States v. Cheek, 3 F.3d 1057, 1066-67 (7th Cir. 1993).
discussed Cited as authority (rule) United States v. Robert Salerno
7th Cir. · 1997 · confidence medium
In that regard, we have reasoned that the Speedy Trial Act cannot compel a district court to decide numerous pretrial motions “within a short, fixed period of time,” and thus have held that “in a case of multiple pretrial motions the limitation is not 30 days, but reasonable promptness.” United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1985) (finding 42 days reasonable to consider 7 pretrial motions); see United States v. Cheek, 3 F.3d 1057, 1066-67 (7th Cir.1993) (finding 50-day delay reasonable for adjudicating 24 pretrial motions); United States v. Latham, 754 F.2d 747, 753 (7th…
discussed Cited as authority (rule) United States v. Guillermo Javier Mejia, A/K/A Miguel Jorge Ortega, Ramon Lopez
11th Cir. · 1996 · confidence medium
Under these circumstances, courts have concluded that the time given for filing potential pretrial motions is excluded under 18 U.S.C. § 3161 (h)(1) because the time given is “delay resulting from other proceedings concerning the defendant.” See United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985); United States v. Mobile Materials, Inc., 871 F.2d 902, 913-914 (10th Cir.1989); United States v. Wilson, 835 F.2d 1440, 1444-15 (D.C.Cir.1987); United States v. Lewis, 980 F.2d 555, 564 (9th Cir.1992); United States v. Jodoin, 672 F.2d 232 , 237- *1036 38 (1st Cir.1982). 2 Whether motions…
discussed Cited as authority (rule) United States v. Mozella Baskin-Bey and Doris Groth
7th Cir. · 1995 · confidence medium
Where the judge is only considering one pre-trial motion, thirty days of the time the motion is under advisement is excludable. 18 U.S.C. § 3161 (h)(l)(J); United States v. Tibboel, 753 F.2d 608, 611 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Michael S. Menzer
7th Cir. · 1994 · confidence medium
Montoya, 827 F.2d at 153 ("Time consumed in the preparation of a pre-trial motion must be excluded-provided that the judge has expressly granted a party time for that purpose.") (quoting United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985)).
cited Cited as authority (rule) United States v. Lynn Williams
5th Cir. · 1994 · confidence medium
United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1984). 43 .
discussed Cited as authority (rule) United States v. Williams
5th Cir. · 1994 · confidence medium
The Act excludes from calculation the period that runs from the time when pretrial motions start pending until the court resolves them.40 A motion under advisement is excludable up to thirty days.41 If the court has several motions on which it must rule, however, this time period can be reasonably extended.42 Similarly, the time between the filing of a motion and the hearing on that motion is to be excluded, even if the time lapse was not 39 Id. at 504. 40 18 U.S.C. § 3161 (h)(1)(f). 41 Id. § 3161(h)(1)(J). 42 United States v. Tibboel, 753 F.2d 608, 612 (7th Cir. 1984). 18 reasonable.43 Spec…
examined Cited as authority (rule) United States v. Irvin Alamia Moran (91-6309) and Rena Morales (91-6310) (6×) also: Cited "see"
6th Cir. · 1993 · confidence medium
In United States v: Tibboel, 753 F.2d 608, 612 (7th Cir.1985), the court held that the maximum number of excludable days is' not thirty days in a ease with numerous pretrial motions ' but is whatever number of days is necessary to make a reasonably prompt decision.
discussed Cited as authority (rule) United States v. John L. Cheek
7th Cir. · 1993 · confidence medium
In United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1985), we held that in a case of multiple pretrial motions the limitation is not 30 days but “reasonable promptness.” We concluded that the district court would not have been acting unreasonably if it decided the defendant’s seven pretrial motions within 42 days of filing.
discussed Cited as authority (rule) United States v. Raymond James Hoslett (2×)
9th Cir. · 1993 · confidence medium
Lewis does, however, cite the Seventh Circuit’s opinion in United States v. Tibboel, 753 F.2d 608, 610 (7th- Cir. 1985), in which the defendant made a specific request for pretrial motion preparation time, rather than the cases in which that circuit adopted the rule that a sua sponte scheduling order is sufficient (see infra). .
cited Cited as authority (rule) United States v. Howard Stanton Lewis
9th Cir. · 1992 · confidence medium
United States v. Wilson, 835 F.2d 1440, 1444-45 (D.C.Cir.1987); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985); United States v. Jodoin, 672 F.2d 232, 237-38 (1st Cir.1982).
discussed Cited as authority (rule) United States v. Frank O. Becker
7th Cir. · 1992 · confidence medium
“We are unwilling to impute to Congress a purpose, nowhere stated or even hinted at by it, to require a judge to decide a collection of pretrial motions within 30 days, no matter how many there are.” United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1985); see also United States v. Nesbitt, 852 F.2d 1502, 1514 (7th Cir.1988), certiorari denied, 488 U.S. 1015 , 109 S.Ct. 808 , 102 L.Ed.2d 798 .
discussed Cited as authority (rule) United States v. William J. Benson (2×)
7th Cir. · 1992 · confidence medium
See, e.g., United States v. Barnes, 909 F.2d 1059, 1065 (7th Cir.1990); United States v. Piontek, 861 F.2d 152, 154 (7th Cir.1988); United States v. Montoya, 827 F.2d 143, 153 (7th Cir.1987); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Mobile Materials, Inc. And Gerald O. Philpot (2×)
10th Cir. · 1989 · confidence medium
See United States v. Jodoin, 672 F.2d 232, 238 (1st Cir.1982); United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985); United States v. Wilson, 835 F.2d 1440, 1444 (D.C.Cir.1987). .
discussed Cited as authority (rule) United States v. Kraselnick
D.N.J. · 1988 · confidence medium
United States v. Tibboel, 753 F.2d 608, 612 (7th Cir.1985); see also United States v. Anello, 765 F.2d 253, 257 (1st Cir.) (“As a practical matter, it may be impossible for a court to decide 10 or 100 motions, all within the same thirty-day period.”), cert. denied, 474 U.S. 996 , 106 S.Ct. 411 , 88 L.Ed.2d 361 *492 (1985); United States v. Latham, 754 F.2d 747 (7th Cir.1985). 1 It seems clear that a slight delay while a court carefully considers and decides a legion of pretrial motions is preferable to the court deciding the motions with one eye— dr perhaps both eyes — on the clock.
discussed Cited as authority (rule) United States v. Thomas Nesbitt
7th Cir. · 1988 · confidence medium
(F) delay resulting from any pre-trial motion .... ” This court has noted that not only is a “proceeding on a pre-trial motion” one of the “other proceedings” to which § 3161(h)(1) refers, but also that any “time consumed in the preparation of a pre-trial motion must be excluded — provided that the trial judge has expressly granted a party time for that purpose.” United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Darlene Wilson, A/K/A Kilkea, Andrea Ruffin (2×) also: Cited "see, e.g."
D.C. Cir. · 1987 · confidence medium
United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985); United States v. Jodoin, 672 F.2d 232, 238 (1st Cir.1982).
discussed Cited as authority (rule) United States v. Felton
3rd Cir. · 1987 · confidence medium
See United States v. Anello, 765 F.2d 253, 257 (1st Cir.), cert. denied sub nom., Wendolkowski v. United States, --- U.S. at ----, 106 S.Ct. 411 , 88 L.Ed.2d 361 (1985); United States v. Tibboel, 753 F.2d 608, 611 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Felton
3rd Cir. · 1987 · confidence medium
See United States v. Anello, 765 F.2d 253, 257 (1st Cir.), cert. denied sub nom., Wendolkowski v. United States, — U.S. at —, 106 S.Ct. 411 , 88 L.Ed.2d 361 (1985); United States v. Tibboel, 753 F.2d 608, 611 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Kenneth L. Thomas
7th Cir. · 1986 · confidence medium
This brought into play the holding of United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985), that if a party requests an allocation of time within which to prepare and file motions, the ensuing time is excludable under 18 U.S.C. § 3161 (h)(1).
discussed Cited as authority (rule) United States v. Frank Peter Balistrieri, Steve Disalvo, and Dennis Librizzi, Defendants
7th Cir. · 1985 · confidence medium
We have previously remarked that the Speedy Trial Act is an unsatisfactory piece of draftsmanship, *1228 United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985), a point that is further confirmed today.
cited Cited as authority (rule) United States v. Anello
1st Cir. · 1985 · confidence medium
United States v. Tibboel, 753 F.2d 608, 611-12 (7th Cir.1985).
cited Cited "see" United States v. Saunders, Lorenzo
D.C. Cir. · 2007 · signal: see · confidence high
Id.; see United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985); see also United States v. Jodoin, 672 F.2d 232, 238 (1st Cir.1982).
cited Cited "see" United States v. Craig Kennedy
7th Cir. · 1994 · signal: see · confidence high
See United States v. Tibboel, 753 F.2d 608, 610 (7th Cir.1985).
cited Cited "see" United States v. Holly Brock, Jr.
7th Cir. · 1986 · signal: see · confidence high
See United States v. Tibboel, 753 F.2d 608, 611 (7th Cir.1985) (section 3161(h)(l)(J)’s 30-day limit implicitly applies to section 3161(h)(1)(F)).
discussed Cited "see" United States v. Ronald E. Latham (2×)
7th Cir. · 1985 · signal: see · confidence high
See United States v. Tibboel, 753 F.2d 608, at 610-11 (7th Cir.1985)!
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gerrit TIBBOEL, Defendant-Appellant
84-1072.
Court of Appeals for the Seventh Circuit.
Feb 28, 1985.
753 F.2d 608
Andrew B. Spiegel, Chicago, Ill., for defendant-appellant., Mary F. Harkenrider, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for plaintiff-appellee.
Cudahy, Posner, Coffey.
Cited by 57 opinions  |  Published
POSNER, Circuit Judge.

Tibboel was convicted of willful failure to file income tax returns for three years, in violation of 26 U.S.C. § 7203, and sentenced to serve a year in prison followed by five years on probation and to pay a fine of $10,000. The only issue his appeal raises that merits discussion is whether his rights under the Speedy Trial Act (as amended in 1979), 18 U.S.C. §§ 3161 et seq., were violated. The Act allows 70 days to bring to trial a defendant who has pleaded not guilty, see 18 U.S.C. § 3161(c)(1), apart from time that the Act excludes from the computation of elapsed time.

The parties agree that the speedy-trial clock started to run on April 14,1983, when Tibboel pleaded not guilty to the charges against him, and stopped 146 days later, on September 7, when Tibboel moved to dismiss the charges on the ground that the Speedy Trial Act had been violated. Within this stretch, the only period in dispute is between April 14, when Tibboel pleaded not guilty, and July 29, when the judge ruled on Tibboel’s pretrial motions. This period has two segments, the first ending on May 19, when the pretrial motions were filed, and the second ending on July 29. The first segment comprises 35 days, and the second 71. Tibboel concedes, however, that 14 of the first 35 days are excludable, May 5-May 19, when the time for filing his pretrial motions was extended pursuant to his motion for an extension of time. (We[*610] do not know why he concedes this, since the filing of a motion for an extension of time does not automatically toll the running of the speedy-trial clock, even if the defendant filed the motion. See 18 U.S.C. § 3161(h)(8). But the concession has, as we shall see, no significance, since the entire period from April 14 to May 19 is excludable in any event.) Tibboel also concedes that 30 of the 71 days are excludable from the period in which he had to be tried, by virtue of 18 U.S.C. § 3161(h)(l)(J) which excludes “delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement by the court.” Thus, on his view, the period between April 14 and July 29 yields 62 days of time that counts against the government’s speedy-trial allowance (21 + 41), to which must be added the remaining 40 days to September 7, for the parties agree that these days counted against the 70-day allowance. This makes a total of 102 days, leaving, after subtraction of the 70-day allowance, an overage (in Tibboel’s view) of 32 days.

When Tibboel appeared in court on April 14 to plead not guilty, the judge gave him 10 days in which to file pretrial motions. Tibboel requested and was granted successive extensions of time amounting to 24 more days, and then filed his motions one day late, making a total (as we said) of 35 days between the plea of not guilty and the filing of the pretrial motions. The Speedy Trial Act — in this as in other respects an unsatisfactory piece of draftsmanship, despite the amendments made in 1979 to cure the deficiencies of the original statute — does not make any provision for time during which the parties are preparing pretrial motions. Although the legislative history to the 1979 amendments contains some, but equivocal, indication that all preparation time is includable (i.e., part of the 70 days) unless the judge grants a continuance, compare S.Rep. No. 212, 96th Cong., 1st Sess. 33-34 (1979), with id. at 26, the statute itself points in a different direction. Section 3161(h)(1) excludes “any period of delay resulting from other proceedings concerning the defendant, including but not limited to ... (F) delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion____” It is apparent from subsection F that a proceeding on a pretrial motion is one of the “other proceedings” to which 3161(h)(1) refers; and while F itself refers only to the period between the filing of the motion and the disposition of it, and not to the period during which the motion is being prepared, section 3161(h)(1) is explicit that the particular intervals in subsections A through J are illustrative rather than exhaustive (“including but not limited to”). We therefore agree with the First Circuit in United States v. Jodoin, 672 F.2d 232, 238 (1st Cir.1982) (but cf. United States v. Carras-quilla, 667 F.2d 382, 388 (3d Cir.1981)), that time consumed in the preparation of a pretrial motion must be excluded — provided that the judge has expressly granted a party time for that purpose. This qualification is necessary to avoid creating a big loophole in the statute. If on the eve of trial the government or the defendant files a pretrial motion that the movant has been working on since the prosecution began, there would be a sense in which the whole interval was pretrial-motion preparation time. But that would mean that a party could delay trial indefinitely merely by working on pretrial motions right up to the eve of trial. We conclude that the only time that is excludable for the preparation of pretrial motions is time that the judge has granted for this purpose. But as this condition was met here for all but the last day (the motion was filed on May 19, but the extension of time for filing it that the judge had granted had expired on May 18), 34 of the 35 days between April 14 and May 19 must be excluded. We need not decide whether the question might be decided differently if the government rather than the defendant were the movant.

We note that when Tibboel on September 7 moved to dismiss the charges by reason of the Speedy Trial Act, the[*611] judge purported to grant a continuance under 18 U.S.C. § 3161(h)(8) retroactive to April 14 to take care of the period to May 19, when Tibboel filed the pretrial motions. The Act does not permit retroactive continuances; to be effective in preventing time from counting for Speedy Trial Act purposes, the continuance must be granted before the time sought to be excluded begins to run. United States v. Janik, 723 F.2d 537, 545 (7th Cir.1983); cf. United States v. Carlone, 666 F.2d 1112, 1115-16 (7th Cir.1981). But as all but one day was excludable anyway, the judge’s error was harmless.

This still leaves for consideration, however, the 71 days during which Tibboel’s pretrial motions were under consideration by the judge. Even after 30 days are subtracted on the authority of subsection J (the “under advisement” provision quoted earlier), the Speedy Trial Act would be violated if the rest of the 71-day period had to be included, since that would be 41 days, which when added to the 40 days from July 29 to September 7 that the government concedes must be included, and to the one day before May 19 (May 18) that we have just held must also be included, would exceed by 12 days the Speedy Trial Act’s 70-day allowance.

Subsection F, which governs the exclusion of delay between the filing (May 19, here) and disposition (July 29) of a pretrial motion, specifies no time limit other than promptness. But in United States v. Janik, supra, 723 F.2d at 543-44, we held in accordance with considerable authority, cited in id. at 544, to which can be added United States v. Rush, 738 F.2d 497, 505 (1st Cir.1984); United States v. Mitchell, 723 F.2d 1040, 1047 n. 6 (1st Cir.1983) (dictum), and United States v. Mers, 701 F.2d 1321, 1336 (11th Cir.1983), that F must be read together with J, which specifies an outside time limit of 30 days for any matter under advisement, because a pretrial motion that the judge is considering (as distinct from a motion still in preparation, as were Tibboel’s pretrial motions before May 19) is such a matter. The contrary conclusion, reached recently in United States v. Henderson, 746 F.2d 619, 623 (9th Cir.1984), without mention of subsection J, would create the paradox that the court must act on any submission within 30 days except a pretrial motion, which the court could take all the time it wanted to decide, provided it could be said to have acted promptly.

Janik recognized, however, that our earlier decision in United States v. Regilio, 669 F.2d 1169, 1172-73 (7th Cir.1981), and the Eighth Circuit’s decision in United States v. Brim, 630 F.2d 1307, 1313 (8th Cir.1980), on which Regilio relied, had allowed more than 30 days for consideration of pretrial motions; but in both cases the defendant had filed several motions, whereas Janik had filed a single pretrial motion, and on this basis Janik was able to reconcile the earlier cases with its holding. This, too, is a multiple-motions case, Tibboel having filed seven distinct pretrial motions ranging from a motion to dismiss the charges against him to a motion that the government be ordered to disclose its witnesses to him. Multiple pretrial motions have caused problems for the courts. In contradiction to Brim and especially (as we shall see) Regilio, several decisions in other circuits apply the 30-day limitation to multiple pretrial motions, at least when filed simultaneously (as in this case) — but without discussion of the issue. See United States v. Mers, supra, 701 F.2d at 1335-36; United States v. DeLongchamps, 679 F.2d 217, 220 (11th Cir.1982) (per curiam). And one of our cases, United States v. Raineri, 670 F.2d 702, 707-08 (7th Cir.1982), is ambivalent on the question.

The source of the problems is a gap in the Act. Both subsection F, in referring to pretrial motions specifically, and subsection J, in referring to matters under advisement generally, are in the singular (“any pretrial motion,” “any proceeding”). The statute nowhere addresses, and we can find no evidence in the legislative history that Congress considered, the case in which a defendant makes several motions. Brim is an easier case than this for recognizing an exception to the 30-day requirement be[*612] cause the pretrial motions had not been filed all at once, but instead seriatim, and for all that appears the last motion was decided within 30 days of its being filed. See also United States v. Fogarty, 692 F.2d 542, 545 (8th Cir.1982). It would be unreasonable to require the judge to rule on a pretrial motion within one day just because a previous such motion had been filed with him 29 days earlier and not yet decided. But all seven of Tibboel’s pretrial motions were filed on the same day, May 19, 1983.

Nevertheless we conclude that the 30-day limit does not apply to this case. Regilio unlike Brim is indistinguishable from this case, the multiple motions in Regilio having also been filed the same day. See 669 F.2d at 1171. And we are unwilling to impute to Congress a purpose, nowhere stated or even hinted at by it, to require a judge to decide a collection of pretrial motions within 30 days, no matter how many there are. Tibboel filed seven pretrial motions; but he could have filed 10, or 50, or 100 — or 135, see United States v. Bryant, 726 F.2d 510, 512 (9th Cir.1984) (per curiam) — and the logic of his argument is that, however many he filed, the court still had only 30 days in which to decide them unless it granted a continuance meeting the requirements of section 3161(h)(8). It would have been better if the court had granted such a continuance as soon as it realized that it would take more than 30 days to decide the motions, but we do not think this was mandatory. Bearing in mind that the statute does not explicitly subject the consideration of pretrial motions to the 30-day limit for deciding a matter taken under advisement and that criminal defendants will be ill-served by a procedure that compels the district judge (unless he grants a section 3161(h)(8) continuance within the 30-day period) to decide their pretrial motions, however numerous, within a short, fixed period of time, we hold that in a case of multiple pretrial motions the limitation is not 30 days, but reasonable promptness, as under F. The defendant who wants to expedite the proceedings against him can do so by filing a single motion consolidating his requests for pretrial relief.

We also hold that in the circumstances of this case the judge did not exceed the bounds of reasonable promptness by taking more than 30 days. We need not decide whether the full 71 days was a reasonable period; if 42 was, the Speedy Trial Act was not violated, for once the 34 days of preparation time are excluded, as we have held they must be, the amount of includable time is 112 days, of which 70 represents the government’s speedy-trial allowance. It is therefore enough to dispose of Tibboel’s challenge under the Speedy Trial Act that we hold that the district judge would have been acting promptly within the meaning of subsection F if he had decided the pretrial motions within 42 days of their filing. If the 30 days allowed by subsection J would have been a reasonable period for disposing of one of Tibboel’s pretrial motions (and we do not understand the defendant to be disputing this), then 42 days was a reasonable period for disposing of seven motions.

The other grounds of appeal have no possible merit. The judgment is

Affirmed.