Second Motion to Continue Trial — United States v. Butler (Dkt. 29, S.D. W. Va.)

Summary

Defendant's Second Motion to Continue, Document 29, filed 12/21/22 in Criminal No. 2:22-cr-00161, United States v. Calvin Butler, Southern District of West Virginia, Charleston Division, three pages. Butler asks for at least thirty days' continuance of the trial and pretrial deadlines and a Speedy Trial Act excludable-time finding. The motion says he is charged with two counts of wire fraud over a Paycheck Protection Program loan application, with $16,040 deposited on June 7, 2021, and that trial is set for January 17, 2023 before the Honorable Joseph R. Goodwin. Counsel needs time to investigate an application he says was submitted under Butler's name and to prepare for another trial starting January 23, 2023, and AUSA M. Ryan Blackwell does not object. It is signed by Assistant Federal Public Defender David R. Bungard on December 21, 2022.

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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 SECOND 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 thirty 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 January 17, 2023, 
before the Honorable Joseph R. Goodwin, in Charleston, West Virginia.  Pretrial 
motions are due December 22, 2022, and a pretrial motions hearing is scheduled for 
January 5, 2023, at 1:30 p.m. in Charleston.  Dkt. No. 27. 
Case 2:22-cr-00161     Document 29     Filed 12/21/22     Page 1 of 3 PageID #: 151

 
2 
3. 
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.  A thirty day continuance of the 
trial and all case-related deadlines should provide counsel with sufficient time to 
complete his investigation and to properly prepare for trial.     
4. 
Counsel is also currently involved in a document intensive federal civil 
rights case (United States v. Anthony DeMetro, 2:22-cr-000184) which is scheduled to 
begin trial before the Honorable Irene C. Berger on Monday, January 23, 2023.  
Counsel anticipates that he will need the entire week of January 16, 2023, to finalize 
trial preparations for that case.      
5. 
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 and to properly prepare his case 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 thirty days. 
 
Case 2:22-cr-00161     Document 29     Filed 12/21/22     Page 2 of 3 PageID #: 152

 
3 
 
Respectfully submitted this 21st day of December, 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 29     Filed 12/21/22     Page 3 of 3 PageID #: 153

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