DMX is getting out of federal lockup first thing Friday morning, his lawyer told Vulture.
The rapper, whose legal name is Earl Simmons, had been sentenced to one year behind bars in March 2018 for tax fraud after pleading guilty the fall prior.
He was jailed in late January 2018, however, after using Oxycodone and cocaine — and skipping out on court-ordered drug treatment — while awaiting sentencing, per reports.
When asked how Simmons was faring, lawyer Murray Richman said, “He’s coming home tomorrow,” and is poised to leave at 9 a.m.
“I spoke to him; he’s very happy,” Richman said. “He’s looking forward to being home. He’s never been hotter than now — people have been seeking him out all over.
Asked if Simmons had any problems in prison, as celebrities can easily become targets, Richman said, “He’s terrific; he’s been terrific.”
Simmons’s release date is still listed as January 27, this Sunday, but federal prisoners may be sprung several days earlier if their scheduled release falls on a weekend.
When contacted for additional information, the Bureau of Prisons press office said his release date is January 27. The press office pointed to a policy document, however, that read: “Whenever possible, inmates will be released on the last preceding weekday if their projected release date falls on a weekend or legal holiday.”
Simmons, 48, will be under supervised release for three years after he gets out.
Simmons pleaded guilty in November 2017 to one count of tax fraud “for evading the payment of income taxes in the period from 2010 through 2016,” largely by living off cash.
“In total, during that time period, Simmons engaged in a scheme to conceal millions of dollars of income from the IRS and to avoid paying $1.7 million of tax liabilities,” prosecutors said in a statement.
Prosecutors had pushed for Judge Jed Rakoff to hit Simmons with a sentence between four years and nine months and up to five years. Simmons’s attorneys asked Rakoff to send Simmons to rehab instead of prison.
During Simmons’s sentencing, his lawyers played the music video for the song “Slippin’” — an unusual move in the routinely stiff halls of justice.
Simmons told Rakoff, “I never went to the level of tax evasion where I’d sit down and plot … like a criminal in a comic book,” according to reports.