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Tekashi 6ix9ine Has A Shot At Getting Out Of Prison Due To The Coronavirus

Gettyimages | Bob Levey
By Mike Walters

Tekashi 6ix9ine just got a huge endorsement from the judge in his criminal case to help him get out of prison early due to the Coronavirus.

According to legal documents, obtained by The Blast, the judge in the 'Gummo' rapper's case agreed that if the court had any idea that the Coronavirus would have been rampant in the New York prison system, he would have agreed to house arrest.

As we reported, Tekashi begged the court to allow him to serve the remaining 4-months of his prison sentence in home confinement. The rapper claimed he suffers from severe asthma and if he contracts COVID-19, it could be deadly for him.

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Judge Agrees Tekashi Should Be In Home Confinement Due To COVID-19

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In the judge's order, he says the court is "constrained to deny Mr. Hernandez’s request. Having canvassed potential sources of legal authority, the Court concludes that it lacks the legal authority to thus modify his sentence."

He continued, "The “compassionate release” statute, also does not apply. It provides for the reduction of a prisoner’s sentence only “upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier... Mr. Hernandez does not appear to have sought any such relief within the Bureau of Prisons, let alone exhausted his administrative remedies." In other words, he should be asking the Bureau of Prison for his release.

But, there is an upside to this for the rapper...

Rapper Has To Ask The Bureau Of Prisons For His Release

The judge is clear, "the determination whether to grant such release resides with the Bureau of Prisons, not the sentencing court."

But, the court then handed him a HUGE favor and stated that if it would have known the Coronavirus would have hit so hard, it would have allowed house arrest.

The order states, "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."

Rapper Claims He Could Die If He Gets The Coronavirus

Gettyimages | Bob Levey

It continues, as a part of sentencing, the court reviews the “history and characteristics of the defendant” and “the need to provide the defendant with needed . . . medical care.”

So, "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."

We are guessing Tekashi's lawyers are swiftly drafting up a request to the Bureau of Prisons, and it seems getting the trial judges blessing may help him get an early release.

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