Court filing

Information — United States v. David Butziger (Dkt. 21, D.R.I. No. 1:20-cr-00072)

Filed September 10, 2020 in Butziger; one of 33 filings from this case.

Record facts

Court	U.S. District Court for the District of Rhode Island
Filed	2020-09-10

U.S. District Court for the District of Rhode Island · No. 1:20-cr-00072-MSM-LDA · Doc. 21 · 2020-09-10 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

UNITED STATES OF AMERICA
:

:
V.

:
CASE NO.: 1:20-CR-00072-MSM-LDA

:
DAVID BUTZIGER

DEFENDANT’S MOTION TO MODIFY CONDITIONS

Now comes Defendant, David Butziger, by and through counsel, and hereby moves this
Honorable Court to modify the conditions of his release to allow him to travel into all of the East
Coast states, and Pennsylvania, for the purpose of employment. As grounds for this request, Mr.
Butziger avers the following:
1. Mr. Butziger was originally charged with Conspiracy to Make False Statement to
Influence the SBA, in violation of 18 U.S.C. § 371; Conspiracy to Commit Bank Fraud,
in violation of 18 U.S.C. § 1349; and Bank Fraud, in violation of 18 U.S.C. § 1344 (2).
2. He initially appeared, telephonically, before the Court on May 5, 2020, and was released
on $10,000.00 unsecured bond with conditions that include restricting his travel to the
District of Rhode Island.
3. He waived his right to a preliminary hearing on June 12, 2020 and was eventually
charged, on August 27, 2020, by way of information with Conspiracy to Commit Bank
Fraud, in violation of 18 U.S.C. § 1349. He entered into a plea agreement with the
government on this same date. His matter has yet to be scheduled for arraignment.
4. Mr. Butziger is the owner and operator of Dock Wireless, located at 44 Bowen Briggs
Avenue, Warwick, RI 02886. This company specializes in telecommunication services
and full-service wireless internet networks for boats and marinas.
5. This business also provides drug and alcohol testing for marine professionals. Often, he
receives emergency requests for out of state testing. Because of his restrictions, he is
Case 1:20-cr-00072-MSM-LDA Document 21 Filed 09/10/20 Page 1 of 3 PageID #: 76

unable to confirm and attend these appointments until he receives permission for the
Court. This also results in numerous, last minute motions being filed by the defense to
address new work orders.
6. The Court formerly authorized Mr. Butziger to travel to Massachusetts, Connecticut,
New York, New Hampshire and Maine, for employment purposes, providing he provides
advance notice to his attorney and U.S. Probation before leaving, and confirms his return.
7. Mr. Butziger continues to be in full compliance with all the terms of his release.
8. He now petitions this court to extend his conditions to allow him to travel to all East
Coast states, including New Jersey, Pennsylvania and Georgia, for the purpose of
employment.
9. The government has no objection to this modification request.
10. Based upon the foregoing, Mr. Butziger asks to this motion be granted to modify his
conditions of release to allow travel into other states for employment purposes.
Respectfully submitted this 10th day of September 2020.
Respectfully submitted
DAVID BUTZIGER
By his Counsel,

/s/ John L. Calcagni III, Esq.

John L. Calcagni III (# 6809)

One Custom House Street, Suite 300

Providence, RI 02903

Phone: (401) 351.5100

Fax: (401) 351.5101

Email: jc@calcagnilaw.com

Case 1:20-cr-00072-MSM-LDA Document 21 Filed 09/10/20 Page 2 of 3 PageID #: 77

CERTIFICATION

I hereby certify that this document, filed through the ECF system, will be sent
electronically to the registered Participants as identified on the Notice of Electronic Filing (NEF)
and paper copies will be sent to those indicated as nonregistered participants on September 10,
2020.