Tekashi 6ix9ine could be released from prison on Wednesday by judge’s orders.
The rapper is currently serving a two-year sentence for racketeering and had previously ‘begged a judge to release him’ from prison over concerns he is at risk to catching coronavirus due to being asthmatic.
With just months left of his prison sentence, Tekashi had requested permission to serve the remainder at home, but his request was initially denied.
Page Six now reports, however, that judge Paul Engelmayer has made it clear that he intends to release Tekashi, provided that the court has legal authority to do so.
In a letter the judge had written to federal prosecutors, it reportedly states: ‘The parties are advised that, provided that the Court has legal authority to grant the relief requested by defense counsel, the Court intends to do so.’
The government has until 5pm (EST) to respond with any objections.
The judge previously denied Tekashi’s request for release stating that the court ‘lacks the legal authority’ to grant it and suggested the STOOPID singer take his request to the Bureau of Prisons (BOP) instead.
But, Tekashi – real name Daniel Hernandez – is serving his sentence at a prison run by a private company and not the BOP.
It’s reported Tekashi’s lawyer Lance Lazzaro wrote an appeal to the judge on Tuesday, revealing that the BOP is refusing to grant the star’s release because he is not a BOP inmate.
‘Mr. Hernandez’s administrative request to BOP for compassionate release was denied because as a non-BOP inmate, BOP is refusing to grant Mr. Hernandez compassionate release,’ the letter allegedly states.
‘In this case, your Honor now has the statutory authority to modify Mr. Hernandez’s sentence so as to immediately release him from prison.’
Lazzaro had previously asked the judge to release his client immediately over concerns he could catch Covid-19.
Sent on Sunday 22 March, the letter states the concern that having asthma will mean catching the virus will be a lot more serious than if a normal person got it.
The 23-year-old is due to be released from prison on 2 August, after being sentenced to 24 months behind bars, with five years of supervised release.
He was arrested in November 2018 and had faced 47 years in prison after admitting to joining the Nine Trey Bloods gang which he contributed to financially.
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