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)
DETAILS
Decision
Date
4/2/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
1:18-cr-00834-PAE
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Other, United States Marshals Facility
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
28 C.F.R. § 571.61
Release Conditions
Time served, remainder of sentence (4 months) in home confinement; five years of supervised release
Convictions
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.
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma
Pre-Existing Health Conditions Notes
Asthma (unspecified)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
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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