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In SDNY 24 Month Sentence For Tekashi 6ix9ine Upheld By Judge Engelmayer

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

SDNY COURTHOUSE, Jan 22 – 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.

 On January 14 his lawyer has asked to modify the sentences or where it will be served: "moves this Court, before the Honorable Paul A. Engelmayer, held at the United States Courthouse, United States District Court, Southern District of New York, 40 Foley Square, New York, New York, at a date and time to be set by the Court, for an order, pursuant to Title 18, section 3582(c) of the United States Code, modifying the term of imprisonment imposed as part of Hernandez’s sentence to mandate that the remainder of Hernandez’s jail sentence be served under home confinement, or alternatively, in a community correctional facility."

  But on January 21, Judge Engelmayer denied the motion: "ORDER as to Daniel Hernandez (4)on [409] MOTION to Alter Judgment of sentence. The Court has reviewed the motion of defendant Daniel Hernandez to modify his sentence, so as to mandate that the remainder of his 24-month term of imprisonment be served under home confinement or, alternatively, in a community treatment facility. Dkt. 409. The Court denies this motion. As the Court's extended discussion at the December 18, 2019, sentencing proceeding reflects, the Court's determination was, and is, that a 24-month prison sentence is necessary in this case. A shorter sentence would disserve the assembled 18 U.S.C. § 3553(a) factors, including that Mr. Hernandez's sentence reflect the seriousness of his crimes. A modification of Mr. Hernandez's sentence along the lines that he proposes, which would eliminate the remaining prison component of his sentence in favor of lesser forms of confinement, would similarly be insufficient to respect the § 3553(a) factors. The Court recognizes that, as a result of security and related considerations that have resulted in his placement in a private jail, Mr. Hernandez, while incarcerated, may not have the same access to rehabilitative opportunities and programs as other Bureau of Prisons inmates. The Court was mindful of this in fashioning Mr. Hernandez's 24-month sentence. The Clerk of Court is respectfully directed to terminate the motion pending at docket 409. (Signed by Judge Paul A. Engelmayer on 1/21/2020)."We'll have more on this - and on upcoming sentencings of co-defendants.

  During the December 18 proceeding a victim of a Nine Trey gang shooting spoke about her injuries. Her letter is on Patreon here. A man who said he was Hernandez' biological father asked to speak but Judge Engelmayer told him he was too late.

 Inner City Press' live tweeted thread is here. Post-sentencing Periscope video here.

   Hernandez had prepared a letter to read, but spoke impromtu first, including offering to pay for the shooting victim's medical treatment. He described visiting sick children, and said he wanted to be an example to kids that they can do anything.

Judge Engelmayer said that the 13 months served to date would not be enough. He rans through a litany of Nine Trey's crimes and emphasized that by the time Hernandez joined the gang he was already a national rap star. He noted the contract he has signed while incarcerated.

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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