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SDNY COURTHOUSE, April 27 – 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.

 On April 27 Harv Ellison was denied release, see below.

 On April 23 6ix9ine's lawyer has asked Judge Engelmayer to "permit Mr. Hernandez to spend up to two hours in his backyard, once a week, for employment purposes only. He is looking to record music videos in his backyard." More and a precedent on Patreon here.

Here's from the letter: "Re: United States v. Daniel Hernandez Docket No.: S5 18-CR-0834-004 (PAE) Request to Expand Home Confinement to Backyard Dear Judge Engelmayer: As you know, I represent Daniel Hernandez. Pursuant to your Honor’s recent order, Mr. Hernandez was released from jail and he is now serving his sentence under home confinement. Probation has approved his residence of [REDACTED], and he is in full compliance. I am writing today only to request the Court’s approval to permit Mr. Hernandez to spend up to two hours in his backyard, once a week, for employment purposes only. He is looking to record music videos in his backyard. Probation is aware and has no objection to this request. Thank you for your attention herein. Please contact me if you have any questions or need any additional information. I am seeking to file this letter under seal in order to prevent the public disclosure of Mr. Hernandez’s home address." Inner City Press will have more on this.

 On April 22 6ix9ine's initial co-defendant against whom he testified at trial, Anthony Ellison a/k/a Harv, asked Judge Engelmayer for release, more on Patreon here.

 Now on April 27, Judge Engelmayer has denied Harv Ellison in full: "OPINION & ORDER as to Anthony Ellison. Accordingly, the Court denies Ellison's motion for release. Sentencing is scheduled for June 19, 2020. The Clerk of Court is respectfully directed to close the motions pending at dockets 472 and 473. (Signed by Judge Paul A. Engelmayer on 4/27/2020)." So why didn't the Judge rule on the backyard request? Or is that, too, on "delayed docketing"?

The previous letter:  "Re: United States v. Anthony Ellison Case No.; 18 Cr. 834 (PAE) Dear Honorable Judge Englemayer: Anthony Ellison respectfully moves the Court for an order granting his release or, in the alternative, a bail hearing. Circumstances now exists that was not known at the time of Mr. Ellison’s last court appearance “that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of [Mr. Ellison] as required and the safety of the community.” See 18 U.S.C. § 3142(Q. If released, Mr. Ellison will reside in Brooklyn with his girlfriend and with electronic monitoring. Anthony Ellison is a “vulnerable individual”. He suffers from an asthmatic condition. During his incarceration at the Metropolitan Correctional Center (MCC), the Bureau of Prisons has provided him with two inhalers to aid him with his asthmatic conditions. Given the outbreak of COVID-19 at the Metropolitan Correctional Center (MCC), Anthony’s health and welfare is in great peril." Inner City Press will cover this.

  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.

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