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SDNY COURTHOUSE,  Dec 13 – 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 set to be sentenced on December 18 at 10 am. As with the trial, Inner City Press will live tweet it.

  Hernandez's / 6ix9ine's December 11 sentencing submission argues, "On October 20, 2015, Mr. Hernandez pleaded guilty to Use of a Child in a Sexual Performance, Penal Law § 263.05; however, he was not sentenced pursuant to this guilty plea until October 26, 2018.  All of the offenses committed by Mr. Hernandez in this case occurred before October 26, 2018.  Therefore, Mr. Hernandez did not commit any offenses while under a “criminal justice sentence,” he had only pleaded guilty and had not been sentenced; and accordingly, the two point enhancement under USSG § 4A1.1(2) is inappropriate in Mr. Hernandez’ case."

  More on Patreon here.

  On December 12, Judge Paul A. Engelmayer  issued an order about the two sentencing submissions: "On its review of the parties' sentencing submissions, the Court notes that defendant Hernandez objects to one aspect of the Probation Department's guideline calculation, relating to his criminal history. The Government has not commented on how the Guidelines apply to Mr. Hernandez's case. The Court asks the Government, by letter due Friday, December 13, 2019, to address whether it has any objections to the Probation Department's guidelines calculation, and specifically to set out its position on the criminal history objection raised by the defense."

  Inner City Press said it would  be reporting on the US Attorney's response and now is. For Geoffrey S. Berman, AUSAs Michael D. Longyear, Jonathan E. Rebold and Jacob Warren have written: "First, the Government agrees with the Probation Department’s Guidelines calculation. In light of the United States Supreme Court’s decision in United States v. Davis, 139 S. Ct. 2319 (2019), however, the Government will move to dismiss Count Two at sentencing. Thus, absent relief pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e), the defendant’s mandatory minimum term of incarceration would be 37 years’ imprisonment. Second, The Government concurs with the Probation Department’s criminal history calculation. The defendant was assessed one criminal history point, pursuant to U.S.S.G. § 4A1.1(c), due to his October 26, 2018 sentence of four years’ probation after having been convicted of Use of a Child Less Than 17 Years of Age in a Sexual Performance, in violation of New York Penal Law § 263.05, a Class C Felony. In addition, the defendant was assessed two criminal history points, pursuant to U.S.S.G. § 4A1.1(d), because he was still a member of the Nine Trey Gangsta Blood racketeering conspiracy, as charged in Count One, until November 16, 2018, when the defendant publicly denounced the gang." We'll have more on this. More on Patreon with AUSAs' filing, here.

  On December 11 Inner City Press first reported on 6ix9ine's lawyer's sentencing submission, putting it online in Scrib'd here, for download here.

  On October 17 co-defendant Jamel Jones was set to be sentenced, initially at 2:30 pm, then 9:45 am. Inner City Press inquired into having a live feed into the SDNY Press Room, as was the case for the sentencing of Roland Martin. But it was not done.

  At 9:45 am Jamel Jones' family members were in Judge Engelmayer's courtroom, but not Jamel Jones himself. Later he was brought in by Marshals and the proceeding began. It turned out he and his lawyer had not been given an opportunity to in writing address what the US Attorney's letter said was shown at trial, that Jim Jones spoke of "violating" 6ix9ine and Jamel Jones said "super violate."

   Inner City Press tweeted, as it did during the trial and the Roland Martin sentencing, here. Then Judge Engelmayer said, Mr Smallman tells me someone is tweeting. Who is it?

  Inner City Press immediately said, Me, adding that it had asked for a live feed into the Press Room.

  Judge Engelmayer said that if request for live feed are made they are granted. But it wasn't in this case. Inner City Press immediately shut down its phone, power off. An Assistant US Attorney came in and started using her phone, as has always been the case. She was told to turn it off.

   Now will less detailed information we report that Judge Engelmayer told Jamel Jones that he, unlike Roland Martin, had not renounced Nine Trey. That it was too late in life to use lack of a father figure as an excuse. (In fairness, Judge Englemayer later called out the father in the gallery.) Ultimately Judge Engelmayer imposed a full 135 month sentence on Jamel Jones, more than 11 years.

  While some might not like it compared, many white collar criminals in the SDNY are given light or time served sentences. This is one of the many reasons that detailed, real time reporting of these sentencing should be encouraged, not stopped and penalized. As Inner City Press left the courtroom, it was asked for its name and business card and was told that an "incident report" will be made. We'll have more on this.

#Periscope outside #SDNY in #6ix9ine case Judge Engelmayer guves 135 months Jamel Jones, press freedom issues @SDNYLIVE https://t.co/Oya4nViHqg

— Inner City Press (@innercitypress) October 17, 2019

  On October 10 co-defendant Roland Martin a/k/a Ro Murda was sentenced by Judge Paul Engelmayer. The sentencing guideline specified in his plea agreement was 77 to 96 months; the government recommended 60 months.

  After back and forth which Inner City Press live tweeted, below, Judge Engelmayer said he would have sentenced Ro Murda to 90 months, but because he was stabbed in the MDC after renouncing the gang, he gave him 66 months.

For now, more on Patreon here.

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