Rapper Tekashi 6ix9ine AKA Daniel Hernandez may be released from prison as early as Wednesday, according to New York attorney Moe Gangat.
6ix9ine’s sentencing hearing is scheduled for December 18. He’s already plead guilty to racketeering and firearms charges and is facing a minimum of 47 years behind bars. Tekashi’s lawyers and prosecutors have asked for significantly less time after he fully cooperated with the FBI and helped them bring down the leadership of the Nine Trey Gangsta Bloods street gang.
It was thought that 6ix9ine wouldn’t serve his full sentence but Gangat says it’s possible, based on sentencing guidelines, that he is released in 72 hours. Ganat is an NYC Employment Lawyer and owner of http://www.lawyerforworkers.com.
“Look for Tekashi to get out this Wednesday, December 18, with a sentence of time served. When it’s all said and done he’s likely to have served just under 1 year in federal prison. The way federal sentencing works is the government tells the judge what sentence the person should get. Here, the government hasn’t asked for any sentence, and when the government doesn’t ask for any sentence, what they’re saying is ‘time served, no sentence’.” He said on Instagram.
“There is something called the pre-trial report issued by the probation department. In the southern district of New York, judges always go with the recommendation of the probation department, especially when the probation department and defense attorneys are both recommending the same thing.” He continued, “Here, the probation department and 6ix9ines defense lawyers both say time served, there’s absolutely no reason the judge would give him anything but time served. Look for Tekashi to get out this Wednesday.”
Gangat clarified his views in an Instagram video posted yesterday. He responded after an article by On Smash reported that he said Takashi would be out within 72-hours which he called “fake news” as there is no agreement confirmed.
“the guidelines, in this case, recommend 37 years. But the government has the right to give the court the power to go below the guidelines.” He explains, “What the court does, is that they never, ever, except in very rare circumstances, give a sentence over, more what the government is recommending. So here, the government recommends time served, the court is most likely going to give time served.”
On Smash responded to criticism of their article in a tweet, “We talked to lawyers in the case on Friday…..it’s happening……” They added a separate tweet with a photo of Universal Music Group that said, “The lawyers and our friends (great people also) at….”
Gangat is going by legal precedent and says it’s unlikely that the court comes down with a harsher sentence that goes against the government. It’s not impossible, but it’s unlikely. His release has not been confirmed as of yet.
There may be some truth to Gangat’s theory. A source close to Tekashi’s legal team told the Daily Mail in October that the rapper would likely get time-served.
The recommendation Gangat is talking about comes from court documents, specifically a letter to Judge Paul A. Engelmayer from the United States Attorneys Office. “In connection with the sentencing of Daniel Hernandez (“Hernandez” or the “defendant”) scheduled for December 18, 2019, the Government respectfully submits this letter, pursuant to Section 5K1.1 of the United States Sentencing Guidelines (the “Guidelines”), to advise the Court that the defendant provided substantial assistance to the Government in this and other investigations. Accordingly, the Government respectfully moves the Court to sentence the defendant in light of 18 U.S.C. § 3553(e) and the factors set forth in Section 5K1.1(a)(1)–(5) of the Guidelines.”
TMZ reported that sources at 6ix9ine’s federal detention facility say he’s “feeling the pressure” ahead of his upcoming sentencing and that he’s “incredibly nervous — despite his tough-guy public image — and that he has no idea what to expect.”
Sources also told TMZ that Tekashi will not be looking like his usual self for his sentencing hearing. Instead of a suit, he will be rocking “prison scrubs come judgment day,” and his trademark rainbow hair color, “has faded significantly since he was initially locked away more than a full year ago.”
The Government Called Tekashi’s Testimony and Cooperation ‘Extraordinary’
Tekashi’s testimony was instrumental in bringing down the leaders of the Nine Trey Bloods including Anthony Ellison AKA “Harv”, Jamel Jones AKA “Mel Murda”, Kifano Jordan, AKA “Shotti”, and Alijermiah Mack AKA “Nuke”. He gave numerous statements to police and publicly testified in the trials of Mack and Ellison. Tekashi’s help has led to a total of 11 Nine Trey members being found guilty.
In a letter to Judge Engelmayer, the United States Attorneys Office praised 6ix9ine’s testimony and said that he “has been truthful with the Government from the outset of his cooperation.” And called his assistance “incredibly significant and extremely useful.”
“The defendant provided an insider’s view of Nine Trey and a first-hand account of many acts of violence that the Government otherwise did not have.” The letter reads, “He provided critical and detailed insight into the organization and structure of Nine Trey, it’s members and leaders, and the acts of violence committed by the gang.” They also say that Tekashi provided significant information about additional crimes that were not charged in the original indictment.
The court documents revealed that Tekashi reviewed social media posts, text messages, and prison phone calls and provided context and translations to pertinent messages. He also identified gang members in surveillance videos and described what happened before, during, and after the events and “identified individuals’ voices in recorded calls, provided context for what was being discussed in those calls, and interpreted certain words of phrases.”
Tekashi’s cooperation has “come at great risk to his and his family’s safety, in ways far more significant than in other cases.” And adds that Tekashi “relocated his family” prior to his testimony and was “moved to a different prison facility and has been placed in a particular unit without any other gang members.” They also acknowledge how extensively the testimony was covered in the media and adds “the defendant’s life will never be the same because of his cooperation in this case. He and his family will have to take extra safety precautions when being in public to avoid potential reprisals from others.”
The FBI would not have been able to charge Denard Butler, Kintea McKenzie, Ellison, or Mack without Tekashi’s testimony and said his cooperation “ultimately resulted in convictions for all defendants.”
Tekashi 6ix9ine and his Family Write Heartfelt Letters Pleading for Leniency
In addition to his cooperation with the FBI, 6ix9ine wrote a letter to Judge Paul A. Engelmayer that explains how he ended up where he is and claimed he was remorseful for his actions. He admits his involvement with the Nine Trey Gangsta Bloods and how they played a major role in his successful rap career.
“As my sentencing date approaches, I am becoming more and more overwhelmed by emotions,” the letter begins,“ I find it difficult to find the right words to express what my life has been like for the last year,”
“It honestly feels like my world is crashing down. There is no excuse, no justification and no apology good enough in this world to explain my crimes. While I have been incarcerated, I have had time to reflect on the recklessness and foolishness of my decisions… I’m happy that the public was able to witness me dealing with the consequences of my actions because I feel like it sheds a light on what can come from gang affiliation. I know that this is part of the plan that God has for me and I am confident that I am ready to face this thing head on.”
“I had a feeling of relief when I was arrested by the Government because I felt stuck, like the gang had control of my life and that I would never be able to escape their grip,” Hernandez wrote. “I needed to do something before it was too late.”
Tekashi says he is not the victim and that he knows he’s responsible for his own actions and pleads for a second change, “I now know that I am remorseful for what happened because I was blessed with the gift of an opportunity that most people dream of but I squandered it by getting involved with the wrong people and misrepresenting myself when I should have been true to myself and my fans. I’m sorry to the victims who were affected by my actions, to my fans who look up to me and were misled, to my family who depends on me and to this courtroom for this mess that I contributed to.”
He concludes with “If given a second chance, I will not let this court down and I will dedicate a portion of my life to helping others not make the same mistakes I’ve made.”
Tekashi’s brother, mother, and girlfriend also wrote letters to Judge Engelmayer that echo his statements and ask for leniency. Oscar explains their upbringing and calls his brother “a loyal family man who has done everything in his power to take care of my mother and I and everyone around him.” and says that the Nine Trey Gangsta Bloods are a “venomous group that exploited him.”
“Growing up was nothing short of difficult. My step-father was killed a block away from our home, and I quickly had to assume the role of man of the house.” He wrote, “I was busy working many odd jobs to try and make ends meet, but Daniel was left without a father figure and chose a different path that not only afforded his rise to super stardom, but made him a magnet for people with malicious intent.”
Tekashi’s mother’s letter is much longer and mentions God and Jesus Christ many times. She says that locking up Hernandez would be “an injustice to my family” as they rely on him for “financial, emotional, and physical support.”
His girlfriend Rachel Wattley says that 6ix9ine is “nothing like the internet portrayed him” and is actually a “very sweet, kind hearted and a generous genuine person.”
Social Media Reacts to Tekashi 6ix9ine’s Potential Release
Several users including DJ Akademiks reposted an old interview that radio host and author Charlamagne the God gave where he said he would perform a sex act on the rapper if he was ever released. Other users are simply perplexed at the potential of the rapper being released and posting memes.
Akademiks also was one of the first to refute the original story by On Smash.