Order as to Calvin Butler; directing counsel for each party — United States v. Butler (Dkt. 40, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00161 · Doc. 40 · 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 
 
Pursuant to the Supreme Court’s opinion in Gall v. United States, 552 U.S. 38 (2007), 
this court must, after making the appropriate findings of fact, calculate the applicable guideline 
range and then consider that range, the Sentencing Guidelines, and other relevant factors set forth 
in 18 U.S.C. §3553(a), before imposing sentence.  Accordingly, the court ORDERS counsel for 
each party to file a sentencing memorandum in this matter by May 11, 2023.   
If relevant conduct is suggested by the presentence report as appropriate to be raised in the 
calculation of the guideline sentence, then the defendant shall state specifically any objection to 
the use of any alleged conduct, including any assertion that the conduct is not appropriate for 
purposes of calculating the guideline sentencing range.  Each party shall also discuss any other 
18 U.S.C. § 3553(a) factors that they deem relevant to the court’s determination of an appropriate 
sentence. 
The court will consider the failure of a defendant to object to any relevant conduct alleged 
in the presentence report to be an admission of that conduct.  If there are objections to relevant 
Case 2:22-cr-00161     Document 40     Filed 02/21/23     Page 1 of 2 PageID #: 182

 
 
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conduct, the parties shall list the witnesses to be called to address the relevant conduct application 
and include a brief proffer of each witness’ expected testimony.  The memorandum of each party 
shall also list any witness to be called for a purpose related to non-guideline sentencing factors and 
include a brief proffer of the witness’ expected testimony. 
The memorandum should include an estimate of the time the party believes will be required 
for the sentencing hearing.  Additionally, each party may make an argument or offer other 
evidence in the memorandum for a specific sentence in light of the Supreme Court’s opinion in 
Gall v. United States, 552 U.S. 38 (2007).  Each party shall also brief any issue of law to be argued 
at the sentencing hearing.  The parties may request that the memorandum be filed under seal if 
information contained therein might compromise an ongoing investigation or expose any person 
to an increased risk of harm. 
  
In addition to filing the sentencing memorandum with the court, counsel are DIRECTED 
to provide a copy of the same to opposing counsel and to the probation officer. 
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 40     Filed 02/21/23     Page 2 of 2 PageID #: 183

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