A federal judge has ordered Tekashi 6ix9ine to be released from federal prison, his attorney said Thursday. He’ll serve out the balance of his sentence under home confinement because of the threat of coronavirus. The rapper has not contracted the virus.

“The judge granted the motion basically because of the virus that’s ravaging our nation,” attorney Lance Lazzaro told The Times in a phone interview. “In prison, you can’t practice isolation or containment; it’s just not feasible.”



For the record: An earlier version of this article said federal sentences do not allow time off for good behavior. Qualifying prisoners can earn up to 54 days per year off their sentences for good conduct.

The coronavirus pandemic is currently hitting New York even harder than other parts of the country. Prior to his release, Tekashi 6ix9ine had been in a private facility in Queens under the watch of the U.S. Marshals Service.

Lazzaro said the rapper, whose real name is Daniel Hernandez, also suffers from pre-existing asthma, which the judge considered in making his decision. That decision was made Wednesday, according to Page Six, but the order was unsealed Thursday.


Hernandez has four months left on his two-year sentence, which was handed down in late 2019. He will serve the full balance under home confinement wearing a GPS monitor.

In January, before the pandemic, his attorney had asked that he be released to home confinement or a community-based facility, citing concerns for his client’s safety after he testified against his former associates.

The rapper, who was arrested in late 2018, had faced the possibility of a life sentence for violent gang-related crimes that included assisting in armed robbery and attempted murder. The shorter sentence came after he pleaded guilty to racketeering charges and agreed to become a star witness for the state. He testified against his Nine Trey Gangsta Bloods friends last September.


When the sentence was finally handed down last December, Hernandez had already served 13 months behind bars.