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SDNY COURTHOUSE, June 3 – 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 May 8 #6ix9ine released and World Star released GOOBA, here. His proposed $250,000 grant to a child hunger organization was rejected by No Kid Hungry. Then Kooking 4 Kids said it wanted it.

 As if in a parallel universe Kintea McKenzie a/k/a Kooda B, who pled guilty then while on COVID-19 related release was filmed celebrating without social distance, on June 3 had his assigned Criminal Justice Act lawyer Lisa Scolari withdraw. Inner City Press covered and live tweeted the proceeding:

SDNY Judge Engelmayer is holding a proceeding, probably short, for Criminal Justice Act lawyer Lisa Scolari to withdraw as lawyer for Kintea McKenzie. Why? UNknown - she didn't put letter in docket, wants under seal.

Judge Engelmayer just said he thinks this is entitled to sealed treatment. But he did not, it seems, give any indication of why. "An issue arose in March, letter of April 6."

Judge Engelmayer: I expect to grant your request since you say unwaivable conflict. However, this relates to some other legal representation of yours. Which predates this one. At some point some person may claim you've worked under a conflict. I want to know more.

Judge Engelmayer does not order the filing of a public letter, but one "ex parte" with him, in camera so the public will never see.

[Inner City Press wonders: How does the presumptive public nature of Federal criminal cases apply to this?]

Scolari: I will take that under consideration.

Judge Engelmayer: If it is the case that the information you would share would case Mr. McKenzie in a bad light, I could disregard it. When will you send the letter? End of the day Friday. It will be emailed - "We can take care of submitting it under seal."

 Judge Engelmayer: I need to understand why this did not undermine your prior advice to Mr. McKenzie during the plea proceeding. Any order I issue will not disclose any confidential material contained in your letter.

Next CJA lawyer is Mr. Rosenberg.

Judge Engelmayer: You have no connection with Nine Trey?

A: I do not.

Judge Engelmayer: Do you agree, AUSA Longyear?

AUSA: I do.

Judge: Are you ok with this Mr. McKenzie?

A: Yes.

  But when will his sentencing be? And what is the conflict that existed at the time of his guilty plea? Watch this site.

On May 26 Judge Engelmayer put on the docket a handwritten letter to him from Faheem Walter, referred to in the case as "Crippy," emphasizing his colostomy bag and asking for release. Judge Engelmayer ordered Walters CJA lawyer to supplement.
 
  On May 28 he did, with the the declaration of Dr. Homer S. Venters, who performed a facility evaluation of the MCC on May 13, 2020.

  And on June 1 the SDNY US Attorney's Office filed a generally predictable opposition, which concluded "for the reasons set forth in the Government’s opposition to the defendant’s original motion for compassionate release, and for all of the reasons set forth by the Court during the defendant’s sentencing and in the April 16 Order, the defendant’s motion should be denied." But alongside redactions said to be for medical reasons there was this: "on or about April 30, 2020, BOP confiscated a contraband smartphone from the defendant... the matter was referred to another law enforcement agency." Full letter on Patreon here.

  Then on June 2, Judge Engelmayer denied the motion for sentence reduction: "the Court is constrained to deny Mr. Walter’s motion, which raises no new arguments. Although the effects of Mr. Walter’s gunshot wounds remain significant and the Case 1:18-cr-00834-PAE Document 487 Filed 06/02/20 Page 1 of 2 2 advocacy of Mr. Walter’s counsel remains admirable, the Court still cannot find that Mr. Walter would not be a danger to the community or that the § 3553(a) factors favor an early release. See Apr. 16 Order at 5–6. Accordingly, finding that the § 3553(a) factors do not support a reduction of sentence, the Court denies Mr. Walter’s renewed motion for compassionate release."

 On May 19 Judge Engelmayer granted an extension for the sentencing of #6ix9ine's car-jacker Harv Ellison: "as to Anthony Ellison (9) granting [481] LETTER MOTION addressed to Judge Paul A. Engelmayer from Deveraux L. Cannick dated May 19, 2020 re: Adjournment of Sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to July 23, 2020 at 10:00 a.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 481. (Signed by Judge Paul A. Engelmayer on 5/19/2020)."

 On April 23 6ix9ine's lawyer 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.

 Now on April 29 Judge Engelmayer has granted the two hours in the backyard, but capped #6ix9ine's time in the basement of the "rented property" to eight hours a day: "MEMO ENDORSEMENT as to Daniel Hernandez (4) on [475] LETTER MOTION addressed to Judge Paul A. Engelmayer from Lance Lazzaro dated April 23, 2020 re: Daniel Hernandez home confinement. ENDORSEMENT: The defendant is permitted to conduct employment-related activities outside the residence but within the confines of the rented property for two (2) hours per week on one (1) specific day that needs advanced approval by the Probation Officer. Given structural interference with the GPS tracking device, the defendant's hours in the basement of the residence will be limited to no more than an 8-hour period per day with a schedule as determined by the Releasee and approved by the Probation Officer. The Clerk of Court is requested to terminate the motion at Dkt. No. 475. (Signed by Judge Paul A. Engelmayer on 4/29/2020) (ap)." We'll have more on this - more including order on Patreon here.

Here's from the April 23 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.

  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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