A Manhattan federal court judge has ordered rapper Tekashi 6ix9ine released from federal custody and into home confinement amid the coronavirus outbreak in New York, according to court papers unsealed Thursday.
The order by Judge Paul Engelmayer said the rapper-turned-snitch should be released “immediately” from the private prison in Queens where he is being held in the custody of US Marshals.
The former rapper will serve his first four months in “home incarceration” at an address approved by his probation officer, Engelmayer wrote. He’ll be tracked by GPS.
“The defendant must remain at his residence except to seek any necessary medical treatment or to visit his attorney, in each instance with prior notice and approval by the Probation Department,” Engelmayer wrote.
Judge Engelmayer signed the order on Wednesday, but delayed publicly posting it until Thursday at 4 p.m.
The order comes after repeated appeals by Tekashi’s lawyers for him to be released because he suffers from asthma and he could be at risk of death if he contracts coronavirus behind bars.
Engelmayer denied a request for Tekashi — real name Daniel Hernandez — to be placed in home confinement last week, writing the Federal Bureau of Prisons typically handles changes to an inmate’s incarceration once they are sentenced.
Tekashi’s lawyer, Lance Lazzaro, wrote in another letter Wednesday that Engelmayer himself — not the BOP — has purview over his compassionate release request, because Tekashi is locked up in a private facility.
In response, Engelmayer said he intended to grant the request and ordered federal prosecutors to say if they opposed the move by 5 p.m. Wednesday.
“In the event the Court finds ‘extraordinary and compelling reasons’ presented by the defendant’s medical condition, placing him at high risk during the COVID-19 outbreak, the Government does not oppose the defendant’s motion for compassionate release,” US Attorney Geoffrey Berman wrote in response.
The rapper — who pleaded guilty to racketeering and other charges — had faced decades in prison before agreeing to cooperate with the government and testify against members of the Nine Trey Gangsta Bloods.
He was sentenced in December to two years in prison — and was scheduled to get out early on July 31.
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