Defendant's Motion to Modify Conditions of Home Detention and Supervised Release — United States v. David Butziger (Dkt. 39, D.R.I. No. 1:20-cr-00072)

Summary

Although the page is titled as an information, the document is David Butziger's motion to modify his conditions of home detention and supervised release in United States v. David Butziger, Case No. 1:20-CR-00072-MSM-LDA, U.S. District Court for the District of Rhode Island, dated February 15, 2022. It states that he was charged by information with conspiracy to commit bank fraud, admitted guilt on September 18, 2020, and was sentenced on February 9, 2022 to time served followed by three years of supervised release, the first six months on home detention. Describing his self-employment in maritime drug testing and accident investigations, boat repair and transport, IT services and organizing gymnastic events, he asks that U.S. Probation be allowed to approve out-of-state and overnight work travel. Probation and the government support the request.

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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 OF  
HOME DETENTION AND SUPERVISED RELEASE 
 
Defendant, David Butziger, by and through counsel, hereby petitions this Honorable  
Court for permission to modify his current conditions of home detention and supervised release 
by empowering U.S. Probation to authorize him to travel out-of-state and overnight, on an as-
needed basis, solely for employment.  As grounds, Mr. Butziger avers the following:  
1. Mr. Butziger was charged via criminal information with Conspiracy to Commit Bank 
Fraud in violation of 18 U.S.C. § 1349. 
2. He admitted guilt on September 18, 2020 and was sentenced on February 9, 2022 to a 
sentence of time served, following by three years of supervised release.  The Court 
further ordered that the first six months of this sentence be served on home detention with 
exceptions for work, medical, legal, or religious purposes. 
3. Mr. Butziger is self-employed in the following capacities, all of which were known to the 
Court, government, and U.S. Probation at the time of his sentencing. 
a. First, Mr. Butziger performs maritime drug testing an accident investigations of 
boat operators, captains, and crew members.  In this capacity, he offers these 
services contemporaneous with a boat accidents or other incident requiring boat 
personnel to undergo drug testing or investigation.  This work, at times, is 

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required at night, on weekends, out of state, overnight, and on short notice.   
Essentially, it is provided an on an on-call and as-needed basis. 
b. Second, Mr. Butziger also performs boat repair and boat transport work for 
various maritime vessels. 
c. Third, Mr. Butziger provides remote and onsite information technology repair, 
installation, maintenance, and troubles-shooting services. 
d. Fourth, Mr. Butziger organizes and administers gymnastic events, which often 
occur out of state.   
4. Some of Mr. Butziger’s forms of employment, at times, require out-of-state and 
overnight travel.   
5. While on supervised release, to include for his six-month period of home detention, Mr. 
Butziger asks the Court to authorize U.S. Probation to approve out of state travel and 
overnight stays, when needed for employment purposes only. 
6. Because Mr. Butziger is presently on electronic monitoring, he is supervised by U.S. 
Probation Office David Picozzi who is aware of and recommended the filing of this 
motion.   U.S. Probation has no objection to and supports this request.  
7. The government has no objection to and supports this request. 
8. Mr. Butziger is in full compliance with all other terms of his supervised release. 
9. Based on the foregoing, Mr. Butziger respectfully request that this motion be granted.  
Respectfully submitted this 15th day of February 2022.  
 
 
 
 
 
 
Respectfully submitted 
 
 
 
 
 
 
Defendant, 
David Butziger, 
By his Counsel 
 
 

3 
 
 
/s/ John L. Calcagni III, Esq.  
 
 
 
 
 
 
 
 
John L. Calcagni III (Bar No.: 6809) 
 
 
 
 
 
 
Law Office of John L. Calcagni III, Inc. 
 
 
 
 
 
 
72 Clifford Street, Third Floor  
 
 
 
 
 
 
Providence, RI 02903 
 
 
 
 
 
 
Phone: (401) 351.5100 
 
 
 
 
 
 
Fax: (401) 351.5101 
 
 
 
 
 
 
Email:  jc@calcagnilaw.com 
 
 
 
 
 
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 February 15, 
2022 
 
 
/s/ John L. Calcagni III, Esq.  
 
 
 
 
 
 
 
 
John L. Calcagni III (Bar No.: 6809) 
 
 
 
 
 
 
Law Office of John L. Calcagni III, Inc. 
 
 
 
 
 
 
72 Clifford Street, Third Floor  
 
 
 
 
 
 
Providence, RI 02903 
 
 
 
 
 
 
Phone: (401) 351.5100 
 
 
 
 
 
 
Fax: (401) 351.5101 
 
 
 
 
 
 
Email:  jc@calcagnilaw.com

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