| 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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