Manhattan Federal Judge Paul Engelmayer believes that the court does not have legal authority to grant such request. In Engelmayer’s three-page decision, he sympathized with 6ix9ine and says that he may want to take a chance filing his request with the Bureau of Prisons.
“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,” Engelmayer wrote.
“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,” Engelmayer continued.
6ix9ine’s lawyer Lance Lazzaro tells TMZ that he believes the judge’s decision “is a strong recommendation to the Bureau of Prisons to release him immediately.”
The “FEFE” rapper originally asked to serve the remainder of his sentence at home so that he would not contract Coronavirus. He claims that he has asthma, which makes catching the virus more serious.
Lazzaro says that 6ix9ine has recently been experiencing shortness of breath, which is one of the symptoms of Coronavirus. However, he claims prison officials have not allowed the rapper to receive any medical care. Lazarro also says that 6ix9ine received medical care for bronchitis and sinusitis back in October.
The Dummy Boy rapper was sentenced to 24 months in prison with five years supervised release in his gun and racketeering trial. He was credited with 13 months time served and is expected to be released Aug. 2.