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SDNY Judge Carter Said Demaj in MDC Must Exhaust Remedies Now Denies Release

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

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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