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6ix9ine’s lawyer has asked to be released early from lockup due to the spread of the coronavirus inside New York’s prison system—arguing he is a high-risk inmate because of his asthma. Filed for early release on March 22 his attorney wrote at the time, “Given the significant risk to such individuals and the alarming contagious nature of the virus, New York City Corrections and the New York State Courts are taking steps to release inmates who are at high risk from this virus. I understand that 40-50 such inmates have either been released or will be released in response to this concern.”

An order from Judge Paul A. Engelmayer arrived Wednesday: “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,” the order concludes. “The Court accordingly denies Mr. Hernandez’s motion for relief.”

The Southern District of New York denied Cohen’s request on Monday, stating that the former lawyer’s “cursory submission fails to offer any factual support for his claim or any legal basis upon which his motion could be granted” and that the Bureau of Prisons has been actively protecting its inmates.