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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