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SDNY COURTHOUSE, Oct 10 – 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.

  Now on October 10 co-defendant Roland Martin a/k/a Ro Murda is set to be sentenced by Judge Paul Engelmayer. The sentencing guideline specified in his plea agreement is 77 to 96 months; the government is recommending 60 months. Here's from their recitation / reasoning:

"On or about March 20, 2018, the defendant and other members of Nine Trey, including Kifano Jordan, a/k/a “Shotti,” Daniel Hernandez, a/k/a “Tekashi 6ix 9ine,” Denard Butler, a/k/a Drama, and others, traveled to Manhattan to wait for a member of another Bloods set (“Individual1”), who was providing protection for another rap artist.  The defendant remained with the others for a while, but eventually left the scene due to his curfew while on New York State parole.    As Individual-1 exited a building in Manhattan, Individual-1 entered a Sprinter van.  Hernandez, Butler and another person were in one car and drove in front of the Sprinter van.  Jordan was in another car, which pulled alongside the Sprinter van, and Jordan shot approximately five rounds into the side of the Sprinter van.  

April 3, 2018   On April 3, 2018, the defendant and others traveled from Brooklyn to midtown Manhattan in order to rob a rival gang member and rapper (the “April 3 Robbery”), who was in a public feud with Hernandez.  The defendant traveled with Jesnel Butler, a/k/a “Ish,” and Denard Butler, a/k/a “Drama” in one car, while Hernandez, Jordan, Faheem Walter, a/k/a “Crippy,” and a cooperating witness traveled in another car.  Once the victims entered the lobby of the building, Jordan and Walter ran out of the car and confronted the victims.  They were quickly joined by the defendant, Denard Butler, and another individual.  Jordan was holding a pistol throughout the robbery.  The defendant could be seen pushing the victims on both video surveillance from the building and a video filmed by Hernandez from a car parked outside the building.  

April 13, 2018   On April 13, 2018, Mack robbed the defendant at gunpoint and stole the defendant’s car and watch.  Later that evening and in retaliation for the robbery, several members of Nine Trey, including Denard Butler, drove around Brooklyn looking for Mack.  Once they found Mack, another individual shot at Mack several times but missed him.    

April 21, 2018   On April 21, 2018, the defendant was present with other Nine Trey members when a shooting took place inside the Barclays Center in Brooklyn.  The defendant arrived with Hernandez, Jordan, Denard Butler, Jesnel Butler, Walter, and Fuguan Lovick, a/k/a “Fu Banga,” among others.  Hernandez was scheduled to sing the entrance song for a boxer who had a match that night.  While in a hallway in the Barclays Center, the defendant and other Nine Trey members encountered the entourage of a rival rapper, who was a member of a different Bloods set.  During the altercation, Lovick fired a gun in the air over the rival gang members’ heads.  

July 16, 2018   On or about July 16, 2018, Jordan and Hernandez were in Los Angeles, when they sawanother member of Nine Trey (“Individual-2”) post on a social media site.  Jordan then contacted the defendant, Walter, and others and said, in sum and substance, that they needed to take care of Individual-2.  Later that evening, a shooting took place in the area where Individual-2 was staying, and an innocent bystander was struck in the foot."

   Inner City Press intends to live tweet Ro Murda's sentencing proceeding, including with an eye on what it may say about Judge Engelmayer and any sentencing disparities in this case.

  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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