The judge who sentenced Tekashi 6ix9ine to 24 months imprisonment has said he would have ordered home confinement instead if he had known about the coronavirus in December.
US District Judge Paul A. Engelmayer made the comment in a written order issued in response to a lawyer’s request for the rapper to be moved from prison due to health conditions.
Tekashi (real name Daniel Hernandez) has asthma, which is one of the underlying medical conditions that puts a person’s health in the “high risk” category.
Engelmayer said that he doesn’t have legal authority to change Hernandez’s sentence to place the rapper at home for the remaining four months of his two-year prison term.
But he added that he was issuing “instructive guidance” that the Bureau of Prisons can use if it considers an application by Hernandez for early release to home confinement.
The judge wrote that he “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” [via Billboard].
“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.”