Motion to Continue Trial and All Related Pretrial Deadlines — United States v. Butler (Dkt. 24, S.D. W. Va.)

Summary

In this Defendant's Motion to Continue, Document 24 filed 10/07/22 in United States v. Calvin Butler, Criminal No. 2:22-cr-00161 in the Southern District of West Virginia, defense counsel asks to continue the trial and all related pretrial deadlines for at least sixty days. The motion says Butler is charged with two counts of wire fraud over a fraudulent Paycheck Protection Program loan application, with $16,040 deposited on June 7, 2021. Trial is scheduled for November 1, 2022, and government discovery was provided on September 14, 2022, so counsel needs time to investigate an application submitted under the defendant's name. The motion says the Assistant U.S. Attorney does not object and is signed by Assistant Federal Public Defender David R. Bungard.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 
CHARLESTON DIVISION 
 
 
UNITED STATES OF AMERICA 
 
v. 
 
 
 
 
 
 
 
    Criminal No. 2:22-cr-00161 
 
CALVIN BUTLER 
 
 
DEFENDANT’S MOTION TO CONTINUE 
 
Comes now the defendant, Calvin Butler, by his counsel, and hereby moves 
this Court for an Order continuing the trial and all related pretrial deadlines for a 
period of at least sixty days, and for a finding of excludable time under the Speedy 
Trial Act as found in Title 18 U.S.C. § 3161, et seq.  In support of this Motion, counsel 
states as follows: 
1. 
The defendant has been charged with two counts of wire fraud in 
connection with the submission of a fraudulent application for a Paycheck Protection 
Program (“PPP”) loan during the COVID-19 pandemic.  Dkt. No. 5.  The application 
resulted in the approval of a PPP loan being made to the defendant.  On June 7, 2021, 
PPP funds in the amount of $16,040 were electronically deposited into the defendant’s 
bank account with Huntington National Bank.    
2. 
The trial of this matter is currently scheduled for November 1, 2022, 
before the Honorable John T. Copenhaver, Jr., in Charleston, West Virginia.  Pretrial 
motions are due October 7, 2022, and a pretrial motions hearing is scheduled for 
October 14, 2022, at 10:00 a.m. in Charleston.  Dkt. No. 13. 
Case 2:22-cr-00161     Document 24     Filed 10/07/22     Page 1 of 3 PageID #: 77

 
2 
3. 
The Government’s initial discovery disclosures were provided to the 
defendant on September 14, 2022.  Counsel needs additional time to undertake 
additional investigation concerning the application for a PPP loan which was 
submitted under the defendant’s name and incorporated his personal information 
such as the account number for his checking account at Huntington National Bank.  
A sixty day continuance of the trial and all case-related deadlines should provide 
counsel with sufficient time to complete his investigation and to discuss the results 
of the same with the defendant.   
4. 
The defendant is currently on bond and his activities are being 
monitored by the Probation Office.  The defendant agrees that his counsel needs 
additional time to conduct further investigation in order to prepare for the submission 
of potential pretrial motions as well as for trial.    Counsel has also spoken with AUSA 
M. Ryan Blackwell, who has advised that the United States does not object to the 
requested continuance.   
 
The defendant certifies that the reasons for the request do not include general 
congestion of the Court’s calendar, or lack of diligent preparation on the part of the 
parties involved. 
 
WHEREFORE, defendant respectfully requests that this Honorable Court 
grant this Motion and enter an appropriate Order continuing the trial and all related 
pretrial deadlines for a period of at least sixty days.  
Case 2:22-cr-00161     Document 24     Filed 10/07/22     Page 2 of 3 PageID #: 78

 
3 
 
Respectfully submitted this 7th day of October, 2022. 
 
 
 
 
 
 
 
CALVIN BUTLER 
 
 
 
 
 
 
 
By Counsel 
WESLEY P. PAGE 
FEDERAL PUBLIC DEFENDER 
 
s/David R. Bungard 
 
 
 
David R. Bungard, Bar Number: 5739 
Assistant Federal Public Defender 
Office of the Federal Public Defender 
300 Virginia Street, East, Room 3400 
Charleston, West Virginia  25301 
Telephone: (304) 347-3350 
Facsimile: (304) 347-3356 
E-mail: david_bungard@fd.org 
 
 
Case 2:22-cr-00161     Document 24     Filed 10/07/22     Page 3 of 3 PageID #: 79

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