Order as to Calvin Butler — United States v. Butler (Dkt. 39, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00161 · Doc. 39 · 2023-02-21 · 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 
 
 
At a hearing held on February 21, 2023, the defendant, Calvin Butler, appeared in person 
and by counsel, David Bungard, for the purpose of the defendant’s plea to count two of the 
Indictment filed against him.  The United States was represented at the hearing by Ryan 
Blackwell, AUSA. 
The court inquired of the defendant, both personally and through counsel, to determine the 
defendant's competency.  The court found the defendant competent and capable of entering an 
informed plea. 
Mr. Blackwell summarized and offered for the court's consideration the entirety of the 
written plea agreement in this case signed by both the defendant and his counsel.  The court 
reserved acceptance of the plea agreement until sentencing but ordered the original plea agreement 
filed with the Clerk. 
The court then read to the defendant the charge contained in the Indictment.  The court 
inquired as to the defendant's plea.  The defendant then pleaded guilty. 
Case 2:22-cr-00161     Document 39     Filed 02/21/23     Page 1 of 3 PageID #: 179

 
 
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The court then read the pertinent portion of 18 U.S.C. § 1343.  The court explained the 
elements that the United States would have had to prove had this matter gone to trial.  After 
hearing and considering the defendant's explanation of why he considered himself guilty and 
hearing evidence from the United States about what it would have been able to prove at trial, the 
court found that there was a sufficient factual basis for the defendant's plea of guilty. 
The court further informed the defendant, pursuant to the requirements of Fed. R. Crim. P. 
11(c)(1), of the nature of the charge and of the consequences of pleading guilty to the charge.  
After explaining thoroughly these items and after hearing and considering the defendant's 
responses to the court's questions, the court found that the defendant understood the nature of the 
charge[s] and the consequences of pleading guilty. 
The court further informed the defendant, pursuant to the requirements of Fed. R. Crim. P. 
11(c)(3), (c)(4), of the constitutional and other legal rights that the defendant was giving up by 
pleading guilty.  After explaining thoroughly these items and after hearing and considering the 
defendant's responses to the court's questions, the court found that the defendant understood his 
constitutional and other legal rights. 
The court further inquired of the defendant, pursuant to the requirements of Fed. R. Crim. 
P. 11(d), to insure that the defendant's plea was voluntary.  After hearing and considering the 
defendant's responses to the court's questions, the court found that the defendant's plea was 
voluntary. 
The defendant further executed a written plea of guilty which was witnessed by his counsel 
and ordered filed by the court.  The court accepted the defendant's plea.  Accordingly, the court 
Case 2:22-cr-00161     Document 39     Filed 02/21/23     Page 2 of 3 PageID #: 180

 
 
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ADJUDGES the defendant, Calvin Butler, guilty, and the defendant now stands convicted of 
violating 18 U.S.C. § 1343.   
The court ORDERS that the Probation Office prepare and forward a draft presentence 
report to the United States and counsel for the defendant no later than April 6, 2023; that the 
United States Attorney and counsel for the defendant file objections to the draft presentence report 
no later than April 20, 2023; that the Probation Office submit a final presentence report to the 
court no later than May 4, 2023; and that the United States and counsel for the defendant file a 
sentencing memorandum no later than May 11, 2023.  In their respective sentencing memoranda, 
the court ORDERS the United States and counsel for the defendant to offer any evidence or 
argument related to a requested sentence or sentencing range in light of Gall v. United States, 552 
U.S. 38 (2007).  The court SCHEDULES final disposition of this matter for May 18, 2023, at 
10:00 a.m.  
The court ORDERS the defendant released upon execution of the previously executed 
$10,000 unsecured bond, subject to the conditions set forth in the Order Setting Conditions of 
Release previously filed herein and standard conditions of release in this district.  In addition, the 
court ORDERS the defendant to comply with the following special condition of release: that the 
defendant appear for sentencing on May 18, 2023, at 10:00 a.m. 
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:  February 21, 2023 
 
 
 
Case 2:22-cr-00161     Document 39     Filed 02/21/23     Page 3 of 3 PageID #: 181

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