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Amid Coronavirus Tekashi 6ix9ine Wants Out of Prison Citing Shortness of Breath and MDC Case

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

SDNY COURTHOUSE, March 23 – 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.

 Now Inner City Press can report 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). Lazzaro wrote:

"As verified in paragraph 140 of Mr. Hernandez’s pre-sentence report, he suffers from asthma and has regularly been hospitalized due to serious asthma attacks. Additionally, as per paragraph 143 of the PSR, while incarcerated, Mr. Hernandez was diagnosed with bronchitis and sinusitis on October 31, 2019 and was hospitalized for treatment. Your Honor has likely heard that this virus can be deadly for individuals with pre-existing conditions (including those who suffer from asthma) and/or compromised immune systems. Given the significant risk to such individuals and the alarming contagious nature of the virus, New York City Corrections and the New York State Courts are taking steps to release inmates who are at high risk from this virus. I understand that 40-50 such inmates have either been released or will be released in response to this concern. I learned today that an inmate at MDC has been diagnosed with the coronavirus. It seems like just a matter of time before all prisons in the area are hit with this virus, both inmates and  guards. Mr. Hernandez has been complaining to prison officials this week of shortness of breath, but apparently the warden of his facility will not allow Mr. Hernandez to go to the hospital despite the recommendation of the facility’s medial director that Mr. Hernandez be treated by a doctor at a hospital." Watch this site.

On March 9 Inner City Press reported that the US Bureau of Prison has listed under "Daniel Hernandez, White, 23, Not in BOP Custody" a release date of August 2, 2020, here.

 As a cooperator, #6ix9ine has been in the GEO private prison in Queens. Meanwhile Inner City Press' reporting of the proceedings before SDNY Judge Engelmayer has been demonetized by Google for including from the transcript the F-word and N-word. These were said. More on all this to follow.

 On February 17 the US Attorney's Office asked Judge Engelmayer to sentence one of the two defendants convicted at trial with 69's testimony, Aljermiah "Nuke" Mack, to at least thirty years in prison.

 On February 24, Inner City Press live-tweeted the more than three hour sentencing proceeding, here.  Judge Engelmayer came out at a sentencing guideline of 235 to 293 months. As well as reading from apparently every letter received, Judge Engelmayer said that not accepting responsibility, going to trial despite extensive audio and other evidence, militated years higher than he would otherwise have gone.

  He compare Mack to Jamel Jones, noting that Jamel not Nuke was caught on take threatening to "super-violated" #6ix9ine but also had less of a criminal history. He cited Mack robbing Roland Martin of a Range Rover and a Rolex, brandishing a gun. He focused on selling fentanyl as heroin.

  Judge Engelmayer imposed a sentence on Aljermiah Mack of 204 months or 17 years. The government urged that it not be on the East Coast but Judge Engelmayer proposed near NYC, pending language to be submitted by defense attorney Louis Fasulo overnight.

 Anthony "Harv" Elisson's sentencing has been pushed back to April 1. Inner City Press will be there.

  On February 12 another of 69's initial co-defendants Fuguan Lovick a/k/a Fu Banga entered in shackles for sentencing by Judge Engelmayer. Inner City Press aimed to at least partially live tweet, but it was not possible: no phone use in courtroom and for various reasons not otherwise possible. The government was asking for a sentence of from 90 to 96 months in jail, 84 of them for pleading guilty to shooting a gun at the Barclay's Center in downtown Brooklyn. Lovick declined to speak (he had written a letter); his lawyer Jeffrey Pittel asked for one day on Count 6.

   Judge Engelmayer noted that while Lovick had a number of run ins with the law since 1999, none in the past seven years, and jobs in Home Depot and construction. His father made him sell heroin; he witnessed a murder on the way to school.

  As to the shot, Judge Engelmayer said that Daniel Hernandez was to give a performance and Lovick shot a gun over the heads of a rival rapper's entourage.

 Judge Engelmayer: "I should say that many shots taken in the Barclays Center miss" - then he credited Lovick with missing his gun shot on purpose, but still said it was dangerous. He imposed a sentence of 85 months, then three years of Supervised Release, in Connecticut where Lovick's son lives. He wished Lovick, and two relatives in the gallery, well. And Inner City Press, prohibited from live tweeting the thoughtful sentencing, ran and wrote this. We'll have more, including on April 1.

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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