Order granting defendant's 29 Motion to Continue Trial — United States v. Butler (Dkt. 31, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00161 · Doc. 31 · 2022-12-22 · Docket on CourtListener

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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 ACTION NO. 2:22-cr-00161 
 
CALVIN BUTLER 
 
 
ORDER 
 
 
Pending is the defendant’s second motion to continue the trial of this matter on the grounds 
that additional time is needed for trial preparation.   
The requested delay is not attributable to lack of diligent preparation, to failure to obtain 
evidence or witnesses, or to congestion of the court’s calendar. 
Believing that the ends of justice served by granting a continuance outweigh the best 
interest of the public and the defendant in a speedy trial, the court GRANTS the unopposed motion 
[ECF No. 29] for continuance.  The trial, previously scheduled for January 17, 2023, is 
CONTINUED to March 7, 2023, at 8:30 a.m.  The parties shall submit their respective witness 
lists and any proposed voir dire and jury instructions no later than February 28, 2023. 
The pretrial motions hearing, previously scheduled for January 5, 2023, is CONTINUED 
to February 21, 2023, at 1:30 p.m.  Any motions to be addressed at the pretrial motions hearing 
shall be filed no later than February 7, 2023. 
Case 2:22-cr-00161     Document 31     Filed 12/22/22     Page 1 of 2 PageID #: 157

The court FINDS that the time between January 17, 2023, and March 7, 2023, is excludable 
from the computation of time within which trial must commence, pursuant to 18 U.S.C. § 
3161(h)(7). 
The court DIRECTS the Clerk to send a copy of this Order to the defendant and counsel, 
the United States Attorney, the United States Probation Office, and the United States Marshal. 
 
 
 
 
 
ENTER:  December 22, 2022 
 
Case 2:22-cr-00161     Document 31     Filed 12/22/22     Page 2 of 2 PageID #: 158

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