| Carpenter Serving 40 of 70
Months Wants Out Obese With Flooring But SDNY
Judge Denies
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
July 7 – Trevor Carpenter was
sentenced to 70 months in
Federal imprisonment but was
caught in the MCC during the
COVID-19 pandemic.
On July 7, U.S.
District Court for the
Southern District of New York
Judge P. Kevin Castel held a
proceeding to consider a
sentence reduction. Inner City
Press live tweeted it. Waiting
for court reporter, Judge
Castel called this week a
"soft opening" of the
courthouse, with no jury
trials in sight.
Federal Defender
Marcus Amelkin says that in
the MDC, inmates are stacked
on top of each other, quotes
SDNY Judge Engelmayer about
incarceration meant "as
punishment, not trauma," at a
sentencing on [Thursday.]
Judge
Castel: If Carpenter was
sentenced in 2017, why was he
in the MDC?
FD: He was in
transit and got stuck in MDC.
His property is already at the
next facility.
Judge
Castel: A couple of
weeks ago, I heard BOP had
designated 3 transit
facilities
FD: The same memo
was sent to Federal Defenders.
But we haven't seen any
movement. New arrests are
being put in MCC & MDC,
quarantined for 14 days. Some
who've come in off the street
have tested positive. We filed
our motion on June 23. Things
are worse since then... Things
are first weren't so bad in
Butner, Yazoo City and
Oakdale. Then things got bad
quickly. So Mr.
Carpenter is at risk. He is
overweight. He has gained
more, they get cold salami and
baloney sandwiches as their
meals
Judge Castel:
He's 5'9'' & he's 170
pounds?
FD: We think he's
over 190.
Judge Castel: CDC
says BMI of 30. FD: That's
obese. He's overweight. He has
family history of diabetes. He
should be released. He was
originally charged in The
Bronx. It was a trigger lock.
FD: He took a
class on flooring. Judge
Castel: F-L-O-O-R-I-N-G?
FD: Yes.
Refurbishment. He took a class
on real estate too. He was not
a drug kingpin. Hand to hand
weight, in his underwear. He
is not a danger to the
community.
AUSA Krouse: He
has not shown that he falls
into the narrow band with
increased risk if they
contract #COVID19. The
MDC has had certain issues.
[This morning a defense lawyer
spoke of a "gun loose" in MDC,
leading to lockdown, here.
AUSA
Krouse: This Court sentenced
him to 70 months. Nothing has
changed. He's only served 40.
His 7th conviction, 5th
felony, all firearms related.
One attempted murder, firing
into a crowd outside a
McDonalds. 14 rounds in the
magazine, one in the chamber.
FD: He was not
convicted of attempted murder.
He was charged with it, and
pled guilty to felony
destruction of property. We
did the math. If he weighs
over 190, he'd be obese. He's
close to the threshold.
Nothing has changed?
Everything has changed.
FD: The
sentence was 70 months, with
rehabilitation. But he's in
lock-down, terrified of
getting the virus. All
programs have been suspended.
We ask that you grant
compassionate release.
AUSA Krause: If I
could be heard -
Judge Castel: You
mean Paragraph 40?
Judge Castel: My
copy has the counts he was
sentenced on. As a trial judge
I took at the columns. Count 2
was monument, intentional
damage. Court 4 for firearm
possession. Count 5 was
attempted murder, he got 8
years. It seems he pled guilty
to that.
FD: You are
correct, if I misstated, I
apologize. I don't want to get
into a fight on it.
Judge Castel:
Page 3 of the sentencing
transcript, there was no
objection to the PSR. Just to
make that little point... I
realize the defendant has had
a difficult upbringing. Age
19, criminal trespass. Age 24,
convictions I went through
including attempted murder. At
this stage of the game, he's
served 40 of 70 months. He's
taken flooring, which I
learned about today
Judge Castel:
Defendant has not met his
burden.
The case is US v.
Carpenter, 17-cr-455
(Castel)
***
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