After putting in the request earlier this week, the rapper will not be released from prison early to serve the rest of his sentence in home confinement, even though he claims to be more at risk of contracting coronavirus due to pre-existing conditions, including asthma.
An order from Judge Paul A. Engelmayer arrived Wednesday, reading, “Had the Court known that sentencing Mr. Hernandez to serve the final four months of his term in a federal prison would have exposed him to a heightened health risk, the Court would have directed that these four months be served instead in home confinement,” the order concludes. “The Court accordingly denies Mr. Hernandez’s motion for relief.”
The judge explains in the court document, that the decision is up to the Bureau of Prisons, and that he has provided his opinion so that it “may be instructive guidance to the Bureau of Prisons in considering an application by Mr. Hernandez for release on home confinement.” The order continues, “At the time of sentencing, however, the Court did not know and could not have known that the final four months of Mr. Hernandez’s sentence would be served at a time of a worldwide pandemic to which persons with asthma, like Mr. Hernandez, have heightened vulnerability.”
On March 22, 6ix9ine’s lawyer filed for early release, citing the New York native’s asthma and additional diagnoses of sinusitis and bronchitis from 2019. The government subsequently objected to the lawyer’s request and argued that the court doesn’t even have the authority to make such a decision on his behalf.
This is the second time 69 has been denied after requesting to serve his time at home instead of being in prison. In January, Tekashi asked to serve the rest of his prison sentence at home, but was rejected, with court documents saying that such a decision wouldn’t “reflect the seriousness of his crimes.”