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By Matthew Russell Lee, Patreon Audio Thread
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SDNY COURTHOUSE, Oct 8 – In the case of US against Aljermiah Mack and Anthony Ellison, the jury on October 3 returned a mixed verdict, see below. Daniel Hernandez / Tekashi 6ix9ine who testified for three days against them is now set to be sentenced on December 18 at 10 am, with the government's submission including under Section 5K1 due on December 11 or before.

  Inner City Press tweeted the order here, and the underlying submission rules here.

  6ix9ine hopes to get "time served" for his cooperation, rather than the 47 year mandatory minimum he would otherwise face for what he pleaded guilty to. The government's total discretion under Section 5K, and judges' separate ability to ignore the prosecutors' recommendations, were brougtht to the forefront his week in the Honduras drug trafficking case in the SDNY.

 In that case, which Inner City Press is also covering, Alex Ardon admitted to killing 56 people, but still stands to get a 5K1 letter. We'll continue to cover both cases.

 Judge Engelmayer was responding to a joint move to expedite sentencing, and publish (tweet) the letter here: "Dear Judge Engelmayer: The parties respectfully write to request that a presentence investigation report be ordered and that a sentencing date be scheduled for Mr. Hernandez. Counsel for Mr. Hernandez respectfully requests that sentencing be scheduled on an expedited basis. The Government does not object to this request. In order to facilitate the request for expedited sentencing, the parties waive the 35-day notice requirement pursuant to Fed. R. Crim. P. 32(e)(2). Respectfully submitted, GEOFFREY S. BERMAN." How expedited can it be? Inner City Press will stay on this. For now more on Patreon here. Watch this site.

  Along with guilty findings on racketeer, Count 1, and Counts 2, 5, 6 and 7, it issued "Not Guilty" rulings on Ellison Counts 3 and 4 and with regard to Nuke Mack and guns, Count 7. After more than an hour, got and published it:

Count 1 Racketeering - Guilty
Count 2 Kidnapping - GUILTY
Counts 3 & 4 Ellison gun - Not guilty
Count 5 (maiming) - Guilty
Count 6 narcotics - Guilty
Court 7 Mack firearm - Not Guilty

  What the verdict may mean for 6ix9ine's bid for both a 5K1 cooperator's letter and "time served" instead of the 47 year mandatory minimum he would otherwise face is not yet known.

On October 2 the jury while deliberating on a verdict asked for information including the testimony of Ellison's then girlfriend Ms. Ramirez and a laptop full of phone records. They will resume deliberating on Thursday October 3 but if they do not reach a verdict that day will return only on Monday. Meanwhile there were thirty in the courtroom and thirty in the hall.

Ellison's defense lawyer Deveraux Cannick told the jury to closely review #6ix9ine's testimony, says he was prepared for hours and hours by the government and still there are holes in his story.

 Cannick emphasizes that #6ix9ine said he only made one call, a Facetime to his daughter. Turns to Cruz claiming he's worthy of your belief. "Ladies and gentlemen, I don't buy it."  Cannick is saying sometimes the government should tear up the 5K1 letter, but doesn't. Here's Inner City Press on a cooperator who after the deal smuggled drugs into private prison and sold them. Judge Gardephe was outraged, gave 4 years

 Government objects to Cannick saying a Kristian Cruz call was in the last six weeks. Judge Engelmayer doesn't rule, tells jury that their recollection will control. Cannick going back and forth between references to #6ix9ine and Cruz

 Cannick: Cruz has no familiarity with Harv. He said, "Harv is not a thief" only in order to prime the pump and get Mel Murda to talk. But where did Mel Murda get his info from? Shotti. But #6ix9ine said "Shotti is a liar. Shotti is a fraud."

Cannick asked why the government didn't take at face value their witness #6ix9ine's view that Shotti was a liar.   Says of course Mel Murda told Cruz whatever he wanted- he needed Cruz' drugs and money. More here.

For now, more on Patreon here.

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