Update: Judge Wants 6ix9ine Released Due to Asthma Condition Amid COVID-19

Update 04/01/2020 9:25pm:

Tekashi 6ix9ine may be released early due to the coronavirus outbreak despite his initial request being denied. According to multiple reports, 6ix9ine's attorney has continued advocating on behalf of his client for an early release. Lance Lazzaro has appealed to Judge Paul Englemayer to release Tekashi on "home confinement."

Englemayer said in a written statement on Wednesday that he'd be in favor of 6ix9ine's release to home confinement but said he can't legally change his sentencing. But Englemayer said he's issuing “instructive guidance” to the Bureau of Prisons to consider the case. He cited Tekashi's ongoing bout with asthma and noted due to his health condition he was more susceptible to contracting the virus.

The judge said he “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.” He added: “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.”

Original 03/25/2020 2:05pm:

Manhattan Federal Judge Paul Engelmayer denied Tekashi 6ix9ine's request for early release over fears of contracting coronavirus. Judge Engelmayer stated that "the Court concludes that it lacks the legal authority to thus modify his sentence," but added that he would've shortened Tekashi's sentence if he knew about the coronavirus pandemic when he was sentenced. 

Judge Engelmayer stated, "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."

"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." 

6ix9ine's attorney, Lance Lazzaro, argued that the rapper was at heightened risk if he were infected due to his asthma. Federal prosecutors opposed the request, stating that Engelmayer had no authority to release him and added that jail staff is managing Tekashi's asthma. You can read the court documents above.