Court filing

Order Modifying Conditions of Probation — United States v. Calvin Butler

No. 2:22-cr-00161 · Doc. 56 · Docket on CourtListener

Full text

Case 2:22-cr-00161 Document56- Filed 01/10/24 Page 1 of 5 PagelD #: 255

United States District Court
for the

Southern District of West Virginia
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)

Name of Offender: Calvin Butler Case Number: 2:22CRO00161

Name of Sentencing Judicial Officer: Honorable Joseph R. Goodwin, United States District Judge

Date of Original Sentence: May 18, 2023

Original Offense: 18 U.S.C. § 1343: Wire Fraud

Original Sentence: 5 years of probation with the first 6 months to be served on home detention
without electronic monitoring. As a special condition, the defendant is ordered

to pay $18,540 in restitution with monthly installments of $100 per month.

Type of Supervision: Probation Date Supervision Commenced: May 18, 2023

PETITIONING THE COURT
[X] To modify the conditions of supervision as follows:

The defendant, Calvin Butler, shall serve 30 days of home detention without the use of location
monitoring, subject to the terms and conditions of the program administered by the Probation
Office. The defendant shall not leave the approved residence except for approved employment,
observance of one religious service weekly, medical or other emergencies, or other absences
approved in advance by the Court or Probation Office.

The defendant, Calvin Butler, shall pay restitution in monthly installments of no less than $50
per month until the amount has been paid in full due to a change in financial circumstances.

CAUSE
Violation Number Nature of Noncompliance
1s Violation of mandatory condition number two: The defendant

must not unlawfully possess a controlled substance:

On November 22, 2023, Mr. Butler submitted a urine specimen
which tested positive for cocaine. Initially, the offender denied any
use of controlled substances; however, during an office contact with
the probation officer on December 5, 2023, Mr. Butler signed a
voluntary admission form acknowledging use of the substance on
November 20, 2023.
Case 2:22-cr-00161

RE:

Calvin Butler

Document 56 Filed 01/10/24 Page 2 of 5 PagelD #: 256

Request for Modifying the Conditions or Term

Docket No. 2:22CR00161 of Supervision with Consent of the Offender

Violation of mandatory condition number three: The defendant
must not unlawfully use a controlled substance:

The probation officer realleges the conduct contained within
Violation Number One.

Violation of standard condition number two: After initially
reporting to the probation office, you will receive instructions
from the Court or probation officer about how and when you

must report to the probation officer, and_must report to the
probation officer as instructed:

On October 28, 2023, Mr. Butler was instructed by the probation
officer to report to the United States Probation Office in Charleston
West, Virginia on October 31, 2023. The offender failed to report as
instructed.

Violation of standard condition number five: The defendant
must live at a place approved by the probation officer. If you
plan to change where you live or anything about your living
arrangements, you must notify the probation officer at least 10
days before the change. If notifying the probation officer_in
advance is not possible due to unanticipated_circumstances, the

defendant must notify the probation officer within 72 hours of
becoming aware of the change or expected change:

On November 1, 2023, Mr. Butler moved from his address of record.
He failed to notify the probation officer of the change until
November 14, 2023. Therefore, Mr. Butler failed to notify the
probation officer prior to the change or within 72 hours following
the change, as ordered.

Violation of standard condition number seven: The defendant
must work full time at a lawful type of employment, unless the
probation officer_excuses you from doing so. If you plan to
change where you work or anything about your work, you must

notify the probation officer _at least 10 days prior to that change
taking place. If notifying the probation officer is at least 10 days
in advance is not possible due to unanticipated circumstances,
you_must_notify the probation officer within 72 hours of

becoming aware of the change or expected change:

On November 14, 2023, Mr. Butler informed the probation officer
he lost his reported employment with Holiday Inn & Suites in Cross
Lanes, West Virginia, on November 1, 2023. Mr. Butler failed to
notify the probation officer at least 10 days prior to that change.
Case 2:22-cr-00161

RE:

Calvin Butler

Document 56 Filed 01/10/24 Page 3 of 5 PagelD #: 257

Request for Modifying the Conditions or Term

Docket No. 2:22CR00161 of Supervision with Consent of the Offender

Violation of additional probation term number two: Offender
shall submit to random urinalysis or any other drug screening
method deemed appropriate by the probation officer and shall
participate in a substance abuse treatment program as directed
by the probation officer:

On May 23, 2023, Mr. Butler was instructed by the probation officer
to participate in one hour of individual substance abuse counseling
each month.

Mr. Butler failed to attend a counseling session in September 2023.

Violation of special condition number two: The defendant shall
pay restitution in the amount of $18,540, to the fullest extend
feasible. The defendant shall pay in monthly installments of no
less_than $100 during a term of probation with the first

installment to be paid within 30 days of the entry of this order:

Since beginning his term of probation on May 18, 2023, Mr. Butler
has paid $100 towards his restitution and has a remaining balance of
$18,440. Mr. Butler has failed to make regular restitution payments
as ordered.

Mr. Butler, through counsel, has agreed to serve a period of 30 days on home detention without the
use of location monitoring, as a condition of supervised release. In addition, the probation officer
proposes the offender’s required monthly restitution payment be lowered to $50. This officer believes
such a modification will serve as a punitive sanction for the offender’s conduct and assist him in
making more consistent monthly payments toward his financial obligation to the Court.

The probation officer respectfully recommends that Mr. Butler’s conditions of probation be modified
as noted above.

Respectfully submitted,
[ A

Justin L. Gibson
Senior United States Probation Officer
January 9, 2024

Case 2:22-cr-00161 Document56- Filed 01/10/24 Page 4 of 5 PagelD #: 258

RE: Calvin Butler Request for Modifying the Conditions or Term
Docket No. 2:22CR00161 of Supervision with Consent of the Offender

THE ZOURT ORDERS:

The modification of conditions as noted above
No action

The issuance of a summons

A hearing be scheduled in this matter

Other

—

Case 2:22-cr-00161 Document56- Filed 01/10/24 Page 5 of 5 PagelD #: 259

Waiver of Hearing to Modify Conditions
of Probation/Supervised Release or Extend Term of Supervision

UNITED STATES DISTRICT COURT
for the
SOUTHERN DISTRICT OF WEST VIRGINIA
CALVIN BUTLER, DOCKET NO. 2:22CR00161

I, CALVIN BUTLER, have been advised and understand that I am entitled by law to a hearing and
assistance of counsel before any unfavorable change may be made in my conditions of probation or
supervised release or before my term of supervision is extended. By “assistance of counsel,” I understand
that I have the right to be represented at the hearing by counsel of my own choosing if I am able to retain
counsel. I also understand that I have the right to request the Court to appoint counsel to represent me at
such a hearing at no cost to myself if I am not able to retain counsel of my own choosing. I further
understand that I may waive my right to a hearing after conferring with counsel or by making such waiver
before a United States Magistrate Judge.

C2 I acknowledge that I have conferred with counsel prior to executing this waiver and I hereby
willingly, knowingly, and voluntarily waive my statutory right to a hearing and agree to the following
modification(s) of my conditions of probation or supervised release, or to the proposed extension of my
term of supervision:

The defendant, Calvin Butler, shall pay restitution in monthly installments of no less than $50 per
month until the amount has been paid in full due to a change in financial circumstances.

(Lux (alee

Probationer or Supervised Releasee Date

Cabin 2 utiel

Printed Name

I alti that I have conferred with the defendant prior to the defendant executing this document.
Naan 9/24

Counsel Date

Dud 2. Benoa

Printed Name

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