United States v. Butziger (1:20-cr-00072)

MOTION to Seal Case by USA as to David Butziger.(Noel, Jeannine) [1:20-mj-00033-LDA] (Entered: 05/04/2020)

COMPLAINT as to David Butziger (1). (Attachments: # 1 Affidavit, # 2 Criminal Cover Sheet, # 3 Criminal Cover Sheet Attachment)(Noel, Jeannine) (Additional attachment(s) added on 5/5/2020: # 4 Unredacted Cover Sheet) (Noel, Jeannine). [1:20-mj-00033-LDA] (Entered: 05/04/2020)

NOTICE OF TELEPHONIC INITIAL APPEARANCE as to David Butziger. TELEPHONIC Initial Appearance set for 5/5/2020 at 01:00 PM before Magistrate Judge Lincoln D. Almond. Call in instructions will be emailed to participants. Sealed hearing. No public access. (Noel, Jeannine) [1:20-mj-00033-LDA]

ORAL ORDER granting ORAL Motion to Unseal Case as to David Butziger (1). So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2020.(Noel, Jeannine) [1:20-mj-00033-LDA]

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:TELEPHONIC Initial Appearance as to David Butziger held on 5/5/2020, TELEPHONIC Bond Hearing as to David Butziger held on 5/5/2020 (Vilker, Aitchison) PTS Finneran; All parties by phone; Deft present by phone; Court informs Deft of rights; Deft agrees to telephonic hearing; No objection; Court informs Deft of rights & charges; Deft understands rights & charges; FPD appointed; Status Hearing/Preliminary Exam to be scheduled; Govt requests conditions of release; Deft Counsel has no objection; Deft released on $10,000.00 unsecured bond and conditions; Deft informed of penalties if violates; Deft understands penalties and conditions; Court addresses Deft; Deft understands; Oral Motion by Govt to Unseal Case; Motion Granted; Case Unsealed(Court Reporter Lisa Schwam/ATT Teleconference Recording in Courtroom Telephonic at 1:07 pm.)(Noel, Jeannine) [1:20-mj-00033-LDA]

ORDER Setting Conditions of Release as to David Butziger (1) $10,000.00 UNSECURED. So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2020.(Noel, Jeannine) [1:20-mj-00033-LDA] (Entered: 05/06/2020)

NOTICE OF ATTORNEY APPEARANCE: John L. Calcagni, III appearing for David Butziger (Calcagni, John) [1:20-mj-00033-LDA] (Entered: 05/07/2020)

Attorney update in case as to David Butziger. Attorney Rebecca L. Aitchison terminated. (Noel, Jeannine) [1:20-mj-00033-LDA]

RESCHEDULING NOTICE OF VIDEO HEARING as to David Butziger. VIDEO Preliminary Hearing/Status Hearing RESCHEDULED for 6/12/2020 at 02:00 PM before Magistrate Judge Lincoln D. Almond. MOVED FROM 5/12/2020. Video instructions will be emailed to parties. Public Access Information can be found on the Court's website. (Noel, Jeannine) [1:20-mj-00033-LDA]

TEXT ORDER granting 10 Motion to Modify Conditions of Release to allow travel to the District of Massachusetts for the purpose of employment as to David Butziger (1). So Ordered by Magistrate Judge Lincoln D. Almond on 5/15/2020.(Noel, Jeannine) [1:20-mj-00033-LDA]

MOTION to Exclude Time Under the Speedy Trial Act by USA as to David Butziger. Responses due by 5/29/2020.(Vilker, Lee) [1:20-mj-00033-LDA] (Entered: 05/15/2020)

MOTION to Modify Conditions of Release by David Butziger. Responses due by 6/2/2020. (Attachments: # 1 Attachment A - Collection Work Orders)(Calcagni, John) [1:20-mj-00033-LDA] (Entered: 05/19/2020)

MOTION to Modify Conditions of Release by David Butziger. Responses due by 6/11/2020.(Calcagni, John) [1:20-mj-00033-LDA] (Entered: 05/28/2020)

MODIFIED ORDER Setting Conditions of Release as to David Butziger (1) $10,000.00 UNSECURED. MODIFICATION: Defendant may travel into bordering states for the purpose of employment. So Ordered by Magistrate Judge Lincoln D. Almond on 5/29/2020.(Noel, Jeannine) [1:20-mj-00033-LDA] (Entered: 05/29/2020)

WAIVER of Preliminary Hearing by David Butziger accepted by MJ Almond (Noel, Jeannine) [1:20-mj-00033-LDA] (Entered: 06/12/2020)

NOTICE OF FORFEITURE ALLEGATION by USA as to David Butziger re 18 Information - Felony (Noel, Jeannine)

NOTICE OF HEARING DEFENDANT REQUEST as to David Butziger. Arraignment and Change of Plea Hearing set for Thursday, 9/17/2020 at 10:00 AM via Zoom before District Judge Mary S. McElroy. The Court will send Zoom access information to counsel by email. (Urizandi, Nisshy)

Minute Entry for proceedings held before District Judge Mary S. McElroy:Arraignment held on 9/18/2020, Change of Plea Hearing as to David Butziger held on 9/18/2020: L. Vilker, J. Calcagni. Defendant present via video. Court question the defendant. Defendant waives in person hearing due to COVID-19 pandemic. Court informs Defendant of his rights and pending charge. Defendant understands rights and the charges. Defendant waives indictment and Court accepts waiver. Deft sworn. Court verifies that the deft has reviewed the charges filed against him with his attorney. Court questions deft and reviews the plea agreement including maximum penalties, sentencing guidelines, and constitutional rights. Govt outlines the legal elements and facts of this case. Deft agrees with govts outline. Deft pleads guilty. Court accepts plea and adjudges the deft guilty. Sentencing is scheduled for Friday, December 18, 2020. Probation to prepare PSR. Deft released on existing conditions. Recess. (Court Reporter K. Wischnowsky via Video Hearing at 10:05 a.m..)(Potter, Carrie)

MOTION to Continue by USA as to David Butziger. Responses due by 12/14/2020.(Vilker, Lee) (Entered: 11/30/2020)

NOTICE OF REMOTE HEARING DEFENDANT REQUEST as to David Butziger. Sentencing RESCHEDULED for 3/18/2021 at 10:00 AM via Zoom before District Judge Mary S. McElroy. The Court will send Zoom access information to counsel by email. (Urizandi, Nisshy)

TEXT ORDER granting 25 Motion to Continue Sentencing as to David Butziger (1) - So Ordered by District Judge Mary S. McElroy on 3/8/2021. (Urizandi, Nisshy)

MOTION to Continue by USA as to David Butziger. Responses due by 6/17/2021.(Vilker, Lee) (Entered: 06/03/2021)

NOTICE OF HEARING DEFENDANT REQUEST as to David Butziger. Sentencing RESCHEDULED for 9/29/2021 at 10:00 AM before District Judge Mary S. McElroy. (Zoom Meeting ID: 160 464 2075, Passcode: 265735) (Urizandi, Nisshy)

TEXT ORDER granting 27 Motion to Continue as to David Butziger (1). So Ordered by District Judge Mary S. McElroy on 8/18/2021.(Potter, Carrie)

MOTION to Continue Sentencing by David Butziger. Responses due by 11/1/2021.(Calcagni, John) (Entered: 10/16/2021)

HEARING CANCELLED as to David Butziger: Sentencing rescheduled for 11/1/2021 at 10:00 AM via Remote Hearing before District Judge Mary S. McElroy is hereby cancelled. (Potter, Carrie)

NOTICE OF HEARING DEFENDANT REQUEST as to David Butziger. Sentencing set for 12/20/2021 at 11:00 AM before District Judge Mary S. McElroy.(Zoom Meeting ID: 160 464 2075, Passcode: 265735) (Potter, Carrie)

SENTENCING MEMORANDUM by David Butziger (Attachments: # 1 Attachment A - Statements of Support, # 2 Attachment B - Resume, # 3 Attachment C - Coast Guard Citations, # 4 Attachment D - Coast Guard Certificates of Achievement, # 5 Attachment E - Photos)(Calcagni, John) (Entered: 12/16/2021)

NOTICE OF HEARING DEFENDANT REQUEST as to David Butziger. Sentencing reset for 1/3/2022 at 11:00 AM in Remote Hearing before District Judge Mary S. McElroy.(Zoom Meeting ID: 161 411 8990, Passcode: 559863) (Potter, Carrie)

NOTICE OF HEARING DEFENDANT REQUEST as to David Butziger. Sentencing reset for 1/13/2022 at 10:00 AM in Remote Hearing before District Judge Mary S. McElroy.(Zoom Meeting ID: 161 411 8990, Passcode: 559863) (Potter, Carrie)

TEXT ORDER granting 36 Motion to Continue as to David Butziger (1). So Ordered by District Judge Mary S. McElroy on 1/7/2022.(Potter, Carrie)

Minute Entry for proceedings held before District Judge Mary S. McElroy: Sentencing held on 2/9/2022 for David Butziger (1), Count(s) 1. AUSA Lee Vilker, Defense Counsel John Calcagni, USPO Molly Picozzi and the defendant participated by Zoom. The Court verifies that the defendant is waiving his right to appear in-person due to the COVID-19 pandemic. The defendant waives his right; Court accepts his oral waiver. The Court sets forth the advisory sentencing guideline calculations in this case. The government addresses and requests a side-bar; request granted. Side-bar ends. Arguments heard re the appropriate sentence in this case. The defendant exercises his right to allocution. The court addresses and sentences the defendant to Time Served; 3 years of Supervised Release with the first 6 months on home detention with RF monitoring and other special conditions, no restitution, a fine of $5,000.00 and $100.00 special assessment fee. The court verifies that the defendant waived his right to appeal pursuant to the plea agreement filed in this case. However, if he believes that he does have a right to appeal, then he should talk to his attorney. The Court clarifies, at the request of defense counsel, that the home detention condition begins today. Recess. (Court Reporter Denise Veitch by Zoom at 10:00 a.m.) (Urizandi, Nissheneyra)

JUDGMENT as to David Butziger (1), Count(s) 1, The defendant is sentenced to Time Served; 3 years of Supervised Release with special conditions; no restitution; $5,000.00 fine and $100.00 special assessment fee.. So Ordered by District Judge Mary S. McElroy on 2/11/2022.(Potter, Carrie) (Main Document 37 replaced on 2/11/2022) (Potter, Carrie). (Entered: 02/11/2022)

TEXT ORDER granting 39 Motion to Modify Conditions of Release as to David Butziger (1). So Ordered by District Judge Mary S. McElroy on 2/17/2022.(Potter, Carrie)

TRANSCRIPT ORDER for proceedings held on 02/09/2022 before Judge Mary S McElroy. 14-Day Transcript selected. Transcript to be delivered within 14 calendar days. (Boyajian, Steven) (Entered: 03/03/2022)

TRANSCRIPT of Sentencing Hearing, as to David Butziger, held on February 9, 2022 before Judge Mary S. McElroy. Court Reporter Denise P. Veitch, Telephone number 401-752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option Redaction Request due 4/26/2022. Redacted Transcript Deadline set for 5/6/2022. Release of Transcript Restriction set for 7/5/2022. (Veitch, Denise) (Entered: 04/05/2022)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 44 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky (Dias, Jennifer) (Entered: 04/05/2022)

TRANSCRIPT of Arraignment and Change of Plea Hearing as to David Butziger held on September 18, 2020, before Judge Mary S. McElroy. Court Reporter Karen Wischnowsky, Telephone number (401) 752-7045. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option Redaction Request due 6/14/2022. Redacted Transcript Deadline set for 6/24/2022. Release of Transcript Restriction set for 8/22/2022. (Wischnowsky, Karen) (Entered: 05/24/2022)