Court filing
Second Motion to Continue Trial — United States v. Butler (Dkt. 29, S.D. W. Va.)
Filed December 21, 2022 in United States v. Butler; one of 37 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2022-12-21 |
U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00161 · Doc. 29 · 2022-12-21 · Docket on CourtListener
Full text
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
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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
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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 #: 153File and source
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