Breaking Down Tekashi 6ix9ine’s Two-Yr Jail Sentence
The long-awaited D-day for Tekashi 6ix9ine, actual identify Daniel Hernandez, lastly arrived on Wednesday morning (Dec. 18), when the Brooklyn rapper stood earlier than a decide to obtain his sentencing on federal RICO costs in affiliation with the 9 Trey Blood gang.
Choose Paul Engelmeyer handed down the lenient sentence of two years in jail and 5 years of supervised launch following Tekashi’s highly-publicized cooperation settlement with prosecutors. As beforehand reported by The New York Occasions, Tekashi shared intensive info with federal prosecutors that helped them efficiently prosecute a number of members of the 9 Trey Bloods and acquire first-hand perception into the gang’s exercise. In additional alternate for Tekashi’s cooperation, prosecutors moved to suggest a sentence decrease than the obligatory minimal.
Thus, the 23-year-old’s testimony liberated him from what may have been a life spent behind bars (as numerous sources reported the rapper was dealing with anyplace between 38-47 years). Though the case is a wrap, the thriller nonetheless lies as to how a defendant’s cooperation could lead on a decide to shed over 40 years from a compulsory jail sentence.
To assist decipher the complexities of the decide’s ruling, BET.com spoke with felony protection lawyer Kenneth J. Montgomery, former lawyer of incarcerated Brooklyn rap star Bobby Shmurda and present lawyer defending famed hip-hop podcaster Taxstone. As a seasoned federal protection lawyer with two of hip-hop’s highest-profile litigations tucked in his case recordsdata, Montgomery breaks down the intricate particulars of the cooperation settlement course of.
(Picture: Jefferson Siegel/NY Every day Information by way of Getty Photos)
BET: Tekashi was sentenced to an extremely lenient two years. Are you able to clarify the method behind this resolution from the decide?
Montgomery: A cooperation settlement permits a district decide to go underneath the obligatory minimal [sentencing] federal defendant is dealing with. That is a very powerful a part of cooperation. Whenever you get a 5k letter (a movement prosecutor offers to the courtroom confirming that the defendant cooperated) from the federal government saying that you just considerably assisted (gave info that aided in an investigation and led to prosecution)—and I do not assume there’s any dispute that Tekashi’s cooperation and testimony at trial substantially-assisted the federal government—it permits the decide to go underneath the obligatory minimal.
There are different issues that [the judge] has to think about, and people components are what we name 3563-A components, or sentencing components: the background and character of the defendant, the character of the crime(s), common and particular deterrent(s), the crime itself, and so on. Then, you steadiness that out with the general public coverage nature of cooperation. In such a high-profile case that garnered a lot consideration, most federal judges aren’t going to hammer a cooperating defendant as a result of it deters different folks from cooperating. So, the decide goes to credit score his cooperation as a result of it was substantial help.
I wasn’t in that courtroom, however I am positive if you happen to listened to Choose Engelmayer’s purpose behind the sentence, what he was mainly saying is that he appeared on the cooperation and doubtless in contrast this crime to different crimes the place RICO costs and cooperating defendants [were involved]. He most likely sentenced him based mostly on that. That is known as avoiding sentencing disparity, so there have been most likely [previous cases involving cooperating defendants] who obtained related sentences. That is how [I believe] he justified that sentence.
In a high-profile case corresponding to this one, at what level does a felony protection lawyer urge their consumer to just accept a plea deal, and on what foundation?
In the end, in case your consumer has a chance to cooperate, that solely occurs two methods: your consumer [either] tells you they need to cooperate, or the federal government reaches out. I’ve little question that [in this case] as soon as the federal government acquired their cooperator, they reached out. Keep in mind that a part of the narrative within the authorities’s case was that [Hernandez] was kidnapped himself. I am positive at one level, the prosecutors reached out to [Tekashi’s] attorneys and requested if he can be occupied with “coming in.” That is the way it normally goes. Underneath the regulation, as an lawyer, when you’re conscious that the federal government has supplied your consumer to come back in, you need to give that chance to your consumer to make that call. Then, it is a dialog that occurs between the lawyer and the consumer. They’re going to focus on the professionals and cons of it and if it could be helpful or not.
Do you imagine the decide was making an instance out of Tekashi so far as his cooperation is worried?
I am not so positive about that. On the finish of the day, his fame helped him, and his cooperation helped him. So, would this deter different rappers from cooperating? In all probability. We’re in a really bizarre place so far as road tradition goes as a result of there are individuals who cooperate, and other people know they cooperated. They arrive residence and so they resume what they have been doing earlier than they have been arrested, and a few even discover authentic jobs within the trade and different companies.
I feel it is a cautionary story for younger folks in our society who’re inundated and programmed to legitimize crime and dysfunction.
Are there any similarities on this case with that of Bobby’s or Taxstone’s, and will these similarities converse to how rap artists are usually dealt with in high-profile instances?
I can converse to Bobby’s case, which I labored on for a time period. It was related as a result of he was very talked-about. In lots of regards, he wasn’t as widespread as Tekashi on the time, however they have been actually on their approach. So, the recognition could be very related. Bobby and Rowdy’s case might need began with a cooperator someplace alongside the road. Nevertheless it was a state case dealt with by a [Special Narcotics Prosecutor] who does not have the assets of the federal authorities. Their case was actually a wiretap case and rather more critical within the sense that there have been our bodies (murders) within the case. In addition they had videotape, which was related [to Tekashi’s case] in that regard. However, I feel the comparisons cease there. I do not imagine anybody in GS9 had cooperated with the federal government, so there is not any similarities in that regard both.
I can’t touch upon Daryl Campbell’s [Taxstone’s] case, as a result of that’s [currently] my consumer.
What are Tekashi’s possibilities of being launched early (i.e. an enchantment)?
He has no grounds to enchantment as a result of I am positive the cooperation settlement included him waiving [that right]. The 13 months he is already served will certainly be factored into the two-year jail sentence. He’ll doubtless obtain his good time credit score (a sentence discount for inmates who preserve good conduct in jail). After the time served, he’ll most likely have one other six to seven months earlier than he is launched. I think about it is potential he’ll be launched subsequent summer season.
(Picture: MICHAEL CAMPANELLA/Redferns)
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