Court filing
Second Order Modifying Conditions of Probation — United States v. Calvin Butler
No. 2:22-cr-00161 · Doc. 61 · Docket on CourtListener
Full text
Case 2:22-cr-00161 Document 61 Filed 08/15/24 Page 1 of 4 PageID #: 264
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: 2:22CR00161
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. On January 10,
2024, conditions of probation modified to include the defendant serve 30
additional days of home detention without electronic monitoring. In addition, the
defendant 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. The offender satisfied the home detention condition on February
10, 2024.
Type of Supervision: Probation Date Supervision Commenced: May 18, 2023
PETITIONING THE COURT
[X] To modify the conditions of supervision as follows:
The offender, Calvin Butler, shall reside at Dismas Charities, Inc., residential reentry center, in
St. Albans, West Virginia, for a period of 60 days, as a condition of probation. The offender shall
observe all the rules and regulations of the facility. The offender’s subsistence shall be waived,
and the funds used for his restitution obligation.
CAUSE
Violation Number Nature of Noncompliance
1. Violation of mandatory condition number one: The defendant
must not commit another federal, state or local crime:
According to a report filed by a member of the Charleston, West
Virginia, Police Department, on March 30, 2024, Mr. Butler rented a
U-Haul vehicle on March 19, 2024, with an expected return date of
March 20, 2024, and failed to return it as required by the rental
agreement. On April 1, 2024, a summons was issued charging Mr.
Butler with fraudulent disposition of property and sent to Mr. Butler’s
reported residence, directing him to appear in the Magistrate Court of
Kanawha County, West Virginia, on April 29, 2024.
Case 2:22-cr-00161 Document 61 Filed 08/15/24 Page 2 of 4 PageID #: 265
RE: Calvin Butler Request for Modifying the Conditions or Term
Docket No. 2:22CR00161 of Supervision with Consent of the Offender
The offender failed to appear for court as directed. Therefore, on June
7, 2024, a warrant was issued for the offender.
According to a citation issued by a member of the South Charleston,
West Virginia, Police Department, on July 22, 2024, Mr. Butler was
charged with shoplifting approximately $385.03 worth of items from
Walmart. He was arrested on the outstanding warrant for fraudulent
disposition of property and was later released on a $2,000 personal
recognizance bond. As of this writing, that matter remains pending in
the Magistrate Court of Kanawha County, West Virginia.
On July 25, 2024, the offender reported to the probation officer and
admitted the conduct surrounding the shoplifting offense. He is
scheduled to appear in the Municipal Court of South Charleston, West
Virginia, on August 26, 2024.
2. Violation of special condition number four: The defendant must
not incur new credit charges or open additional lines of credit
without the approval of the probation officer:
On July 15, 2024, the probation officer conducted an updated financial
investigation on Mr. Butler and discovered a new line of was credit
opened on May 31, 2023, following commencement of the term of
probation. Mr. Butler did not have the permission of the probation
officer to open this additional account. Mr. Butler denies any
knowledge of the account.
3. Violation of special condition: The defendant, Calvin Butler, shall
pay restitution in monthly installments of no less than $50 per
month until the amount is paid in full due to a change in financial
circumstances:
Since beginning his term of probation on May 18, 2023, Mr. Butler
has paid $325 towards his restitution and has a remaining balance of
$18,215. Mr. Butler has failed to make regular restitution payments as
ordered.
Mr. Butler’s efforts to maintain stable employment have been mediocre, at best. He recently obtained
employment with the Charleston Area Medical Center and has been counseled on the importance of
establishing and maintaining consistent employment. He has also been counseled regarding maintaining
consistent monthly restitution payments as ordered by the Court.
Mr. Butler, through counsel, has agreed to reside at Dismas Charities for a period of 60 days, as a
condition of supervised release. This officer believes such a modification will serve as a punitive
sanction for the offender’s conduct, while assisting him with making more consistent monthly payments
toward his financial obligation to the Court. In addition, it will permit him to retain his current
employment and participate in ongoing substance abuse treatment programming through the Court’s
contracted provider located in St. Albans, West Virginia.
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Case 2:22-cr-00161 Document 61 Filed 08/15/24 Page 3 of 4 PageID #: 266
RE: Calvin Butler Request for Modifying the Conditions or Term
Docket No. 2:22CR00161 of Supervision with Consent of the Offender
Therefore, the probation officer respectfully recommends that Mr. Butler’s conditions of probation be
modified as noted above.
Respectfully submitted,
Justin L. Gibson
Senior United States Probation Officer
August 14, 2024
THE COURT ORDERS:
[X] The modification of conditions as noted above
[ ] No action
[ ] The issuance of a summons
[ ] A hearing be scheduled in this matter
[ ] Other
DATE: August 15, 2024
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Case 2:22-cr-00161 Document 61 Filed 08/15/24 Page 4 of 4 PageID #: 267
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