The court granted compassionate release for Daniel Hernandez (AKA Tekashi69), sentenced to two years after a guilty plea to various RICO, firearms, and assault charges. The BOP was structurally incapable of assessing Mr. Hernandez, as he was held in a private facility, and parties and the court agreed exhaustion was met. The court found that Mr. Hernandez's asthma constituted a compelling and extraordinary reason favoring release. The court also held that Mr. Hernandez's public cooperation with law enforcement and guilty plea meant he would no longer present a meaningful danger to the community. Mr. Hernandez was released on time served and four months home confinement (the remainder of his sentence).
United States v. Hernandez, No. 1:18-cr-00834-PAE, 2020 WL 1684062 (S.D.N.Y. Apr. 2, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Other, United States Marshals Facility
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
28 C.F.R. § 571.61
Time served, remainder of sentence (4 months) in home confinement; five years of supervised release
Racketeering Conspiracy; Three counts of Assault in Aid of Racketeering; Three counts of Firearm use and discharge in furtherance of RICO conspiracy; Conspiracy to distribute narcotics.
Pre-Existing Health Conditions
Pre-Existing Health Conditions Notes
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
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