| SDNY Judge Carter Said Demaj in MDC
Must Exhaust Remedies Now Denies Release
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
June 29–
Kushtrim Demaj is serving one
year and one day after a
cocaine conviction. But on
April 2 amid the Coronavirus
pandemic his lawyer Jeff
Cabrowe argued for his early
release before U.S. District
Court for the Southern
District of New York Judge
Andrew L. Carter.
Things did
not go well. Nor on June 29.
On April 2
Judge Carter quickly asserted
the need to exhaust
administrative remedies under
the First Step Act, an issue
confronted by many SDNY
judges, see below. Chabrowe
asked if he should apply
directly to the MDC Warden;
Judge Carter replied, I'm not
going to tell you how to do
your job.
And with
that it was over, in a mere
ten minutes. Inner City Press
was the only media covering
it, as also the case below. T
On June
29, Demaj's case again
appeared before Judge Carter.
This time, Inner City Press
live tweeted it:
Demaj's lawyer
Chabrowe says Bureau of Prison
denied the request on May 10.
AUSA Drew
Skinner: "The court had it
right. The defendant moved for
home confinement, that is what
BOP denied. He still has not
moved for compassionate
release."
Chabrowe:
He has served half of his
sentence. Consider how
difficult this period of time
has been.
Judge Carter:
Even if he had exhausted
remedies, I note his physical
therapy didn't work even when
out. So I'm not inclined to
grant release. The case is US
v. Demaj, 16-cr-289 (Carter).
***
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