In Other Media-eg New Statesman, AJE, FP, Georgia, NYT,  Azerbaijan, CSM Click here to contact us     .

By Matthew Russell Lee, Patreon Thread Scope
BBC - Guardian UK - Honduras - Vulture

SDNY COURTHOUSE, April 9 – Daniel Hernandez a/k/a Tekashi 6ix9ine was sentenced to 24 months of total imprisonment on December 18 in a proceeding live tweeted by Inner City Press before U.S. District Court Judge Paul A. Engelmayer.

   6ix9ine was ordered released by an Order that at the US' request Judge Engelmayer withheld until 4 pm on April 2, analyzed on Patreon here, 2-minute podcast here.

 Now on April 9 the US Attorney's Office's Michael D. Longyear has opposed any reduction of sentence for co-defendant Roland Martin, despite the attack on him in prison: "Dear Judge Engelmayer: The Government writes in response to defendant Roland Martin’s (the “defendant” or “Martin”) April 8, 2020 motion to modify his sentence in light of the COVID-19 outbreak. (ECF No. 462.) For the reasons set forth below, the Government opposes the defendant’s request. First, because the defendant filed a notice of appeal to challenge his sentence and that appeal remains pending, the Court lacks jurisdiction to grant the motion. Second, the defendant’s motion is premature because he has failed to exhaust his administrative remedies. Third, although the defendant suffered a harrowing attack in May 2019, he has not been identified as someone who could be more susceptible to adverse effects if he contracts COVID-19. Further, because the defendant committed a very serious offense, immediately upon his release from prison after serving nine years of an eleven-year term, and because he has served approximately 16 months of a 66-month, below-Guidelines sentence, the defendant’s sentence should not be reduced. I. Background The defendant was one of the highest-ranking members of the Nine Trey Gangsta Bloods (“Nine Trey”), a violent set of the Bloods gang. As set forth more fully in the Government’s sentencing submission, dated October 4, 2019 (ECF No. 323), the defendant was personally involved in or present for several acts of violence, including a March 20, 2018 shooting near Times Square, an April 3, 2018 armed robbery in midtown Manhattan, an April 13, 2018 shooting at another Nine Trey member, an April 21, 2018 shooting at the Barclays Center, and a July 16, 2018 shooting in Brooklyn. (ECF No. 323 at 2–3.) The defendant was also involved in Nine Trey’s narcotics distribution. (Id. at 3.) The defendant was arrested on November 21, 2018 and has been incarcerated since then. On June 27, 2019, the defendant pleaded guilty, pursuant to a plea agreement, to Count One of the S9 18 Cr. 834 Superseding Indictment ."

On April 7 Judge Engelmayer denied the request for release based on asthma filed by 6ix9ine's initial co-defendant, now in the MCC, Denard Butler.

  As to previously freed co-defendant Kintea McKenzie a/k/a Kooda B the US Attorney's Office has written: "At approximately 7:00 p.m. on March 31, the defendant was released from the MCC subject to the same conditions of the defendant’s pretrial release. On April 1, 2020 a member of the NYPD sent a clip of a video posted to a social media account that appeared to depict the defendant and several other individuals partying at the defendant’s residence shortly after the defendant arrived home. The individuals are close together, and one of the individuals appears to be smoking a marijuana cigarette and drinking an alcoholic beverage. Discussion The Court’s April 2 Order directed the Government to set forth the view of Pretrial Services (“Pretrial”) in response to the defendant’s actions. Pretrial’s response is as follows: Based on the information received, Pretrial Services believes that remand is warranted in this case. The defendant’s previous bail conditions included “no contact with any gang member.” According to the NYPD, the video in question was posted by a known gang member. The parties agreed, after learning of the defendant’s quarantine status in MCC, to modify the defendant’s release conditions to permit him to be released immediately instead of waiting for the quarantine period to end. While placement on location monitoring equipment does not control who enters the defendant’s residence, the defendant’s failure to adhere to social distancing guidelines have and will continue to alter the timeline by which any location monitoring conditions can be effectively enforced. The Court notified Mr. McKenzie that it expects scrupulous compliance with all conditions of release. Pretrial Services believes that the defendant has demonstrated the opposite and that his bail should be revoked. The Government shares Pretrial’s frustration with the defendant’s conduct. The defendant used his asthma diagnosis in the midst of the COVID-19 pandemic to seek release from the MCC. As set forth in the Government’s opposition to the defendant’s motion for bail, the Government was skeptical of the severity of the defendant’s purported asthma condition because, during his July 12, 2019 interview with the Probation Department, the defendant did not report any medical conditions nor did he report taking any medication. The defendant’s reckless behavior immediately following his release put himself and others at danger and undermined the primary reason supporting Court’s rationale granting his release: to allow the defendant to distance himself from others in an effort to avoid contracting COVID-19.1   1 Pretrial’s recommendation for remand relies in part on an NYPD officer’s report to Pretrial that the individual who posted the video online is a known gang member. At this time, the Government does not have sufficient information to opine on whether the individual posting the video is a gang member."

 On delaying docketing of the order to free #6ix9ine, AUSA Longyear wrote, "Delayed docketing of the Order will allow law enforcement agents to ensure that Mr. Hernandez is transported safely and securely from the facility where he is currently housed to a residential address previously approved by the Probation Department (the “Residence”). The Government will alert the Court as soon as Mr. Hernandez has arrived at the Residence, at which time the Government will have no objection to Order being publicly filed. The Government respectfully submits that delayed docketing of the Order for a short period of time will ensure the safety of law enforcement agents and Mr. Hernandez upon his release from custody. The Government has consulted with Lance Lazzaro, counsel for Mr. Hernandez, who consents to this request."

 Inner City Press reported, other others picked up with credit, that on March 22 Hernandez / 69's lawyer Lance Lazzaro asked Judge Engelmayer to order his client released citing his asthma and shortness of breath, Coronavirus and the case in the MDC in Brooklyn (although 69 is it seems in the private contractor GEO facility in Queens, the adherence to BOP protocol and inclusion in its COVID-19 statistics is not clear).

  On March 25 Judge Engelmayer issued a ruling, denying the request but instructing the Bureau of Prisons what he would have ruled, if he'd known of Coronavirus. But Lazzaro argued that his client is structurally unable to request relief for BOP, without the US Attorney's Office consenting in some way.

  Now on the evening of March 31 Inner City Press can report that Lazzaro, though another, made a final plea to the BOP, which turned him down:

From: "Shannon Robbins" at bop.gov Subject: Re: Daniel Hernadez #86335-054 Date: March 31, 2020 at 1:52:52 PM EDT To: "Elis Pacheco"

Mr. Pacheco, Mr. Hernandez is currently housed at the GEO facility in the custody of the US Marshals Service. We do not have any authority or oversight of his case as he is not in a BOP facility. If the Court orders a compassionate release for him, that information will be provided to the US Marshals Service and the GEO facility for processing. I am hopeful this information will be helpful. Shannon Shannon Robbins, Section Chief Designation and Sentence Computation Center 346 Marine Forces Drive Grand Prairie, Texas 75051

 So Lazzaro has renewed his appeal to Judge Engelmayer: " BOP has now denied Mr. Hernandez’s administrative request for compassionate release. As per the attached e-mail dated March 31, 2020, Section Chief Shannon Robbins with BOP’sDesignation and Sentence Computation Center, Mr. Hernandez’s administrative request to BOP for compassionate release was denied because as a non-BOP inmate, BOP is refusing to grant Mr. Hernandez compassionate release. According to 18 U.S.C. § 3582(c), a court may, upon a finding of extraordinary and compelling circumstances, reduce the prison term of a defendant’s sentence if BOP has denied compassionate release after the defendant has exhausted all administrative remedies with BOP. Accordingly, in this case, your Honor now has the statutory authority to modify Mr. Hernandez’s sentence so as to immediately release him from prison."

Inner City Press covered the trial Hernandez testified at, and the other sentencings in the case and will continue to. The case is US v. Jones, 18-cr-834 (Engelmayer). More on Patreon here.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2019 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com for