Derek Carr – 25 Years reduced to 15 Years for Nonviolent Drug Conspiracy

Name: Derek Carr, Reg. #21397-052
DOB: November 2
Race: Black
Raised: Brooklyn, NY
Tried:  Northern District of New York
Will live: Brooklyn, NY
Charges: 21 USC 846, 841(a)(1) & (b)(1)(A)-Conspiracy to Possess & Distribute Cocaine, Cocaine Base, Heroin; 18 USC 924(c)(1)(A)-Possession of a firearm; 21 USC 851-Trial Enhancement.
Trial or plea: Guilty Plea
Sentenced on: December 22, 2015
Served: 8 years.
Priors: First Time Offender.
Prison Conduct: Exemplary, no incident reports; extensive programs and consistent work history.
Clemency status:  Pending.
Release date: January 5, 20__.  Derek just won his sentence reduction in court, and his sentence was reduced from 30 to 15 years.  Still waiting for his updated out date.
Institution:  FMC Lexington, P.O. Box 14500, Lexington, KY 40512
Supporters: Family, Friends, Lisa Jacobi, CAN-DO Foundation.
Health Concerns: None

According to Derek:

I am a nonviolent offender with a criminal history of 1 with a prior felony for possession of a control substance in which I received probation in that conviction.  I have never done any state time before receiving this 25-year (300 months) sentence.  Before going any further I would like to personally accept responsibility by admitting I did break the law.

In my conspiracy case as the evidence supports, I came into the case during the last two months of the investigation, I never sold any drugs to any federal agents or informants, nor was I found with any drugs when arrested.  I am overheard on wire taps the last two months of this case, talking to the only codefendant that I knew and dealt with about 80 grams of crack.  Due to my lack of knowledge of the law, I didn’t know I could contest the weight amount the government placed in my plea, and when I brought this up to my paid lawyer Mr. Battisti, he told me that there was no way for me to challenge this issue which was false.  Had I gone to a “FATICO” hearing, the amounts I’m responsible for would have been proven by the evidence and I would have been able to get a sentence ranging between 7yrs-12yrs.

My Federal Sentencing guidelines are 7yrs-9yrs but due to pleading to ALL the drugs in my case and being responsible for everyone’s drugs.  Although I’m far from a leader in this case, nothing other than a person who was collateral damage caught dealing with one person in a case that was ongoing during its last month’s, my mandatory minimum started at 10yrs.  With a filing of an 851 motion for my prior felony which I did no state time but received probation, doubled it to 20 years mandatory.

While incarcerated I have completed several programs; BRAVE program, received my Residential Wiring Certificate, Non-Residential Drug program certificate and I work UNICOR, which required me to learn how to use SAP software.  I also self-studied business and the understanding of the “LAWS OF THE UNIVERSE” which I believe was the cause of my poor decision making that got me in prison.  My over ambition and lack of patience wanting instant gratification took away from the harmony that should have been within.  Moving forward outside of the education I gain, to work a job when I’m released.  I wish to share my story to help prevent the next person from making the same mistake. I have written my book and movie script to my life to reach this goal.

Author: Lisa Jacobi