A Second Chance Unraveling
Anthony Bailey, 61, was released from federal prison two years ago after serving 27 years for crimes committed in 1997. He now drives a city bus in Indianapolis, attends family barbecues, and teaches his 4-year-old grandson how to mow the lawn and wash the car. A Supreme Court ruling in late May has upended that life. Prosecutors in the Southern District of Indiana are signaling they could move soon to send Bailey back to prison to serve the remainder of his sentence, which would give him a release date in 2050, when he is nearly 86 years old.
Bailey's case is one of about a dozen directly affected by the Supreme Court's decision limiting how prisoners can use the compassionate release program to secure early release. The Supreme Court majority found that the program is supposed to cover extraordinary or compelling circumstances such as severe illness or old age. The court majority ruled that inmates serving much longer sentences than the punishments they would receive under current law were not automatically eligible for the program.
The Crime and the Sentence
On September 3, 1997, Bailey and two other men robbed a bank and then carried out two carjackings. Prosecutors said in court papers that his crimes were serious and put several people in danger, including a school-age girl. Bailey said he totally regrets the crimes and that they will never happen again in his life.
He spent most of his 27 years at the federal prison in Terre Haute, Indiana, where he worked as a barber. His record inside prison was clean for decades, with just one minor infraction mentioned in court filings. His probation officer told him before the Supreme Court decision that she would recommend his early release from probation in the fall.
Why the Sentence Was So Long
Bailey received such a lengthy sentence because prosecutors stacked severe mandatory penalties for his crimes. Most of the inmates helped by Judge Gleeson's pro bono program are Black men who used a gun in connection with other crimes, even if no shots were fired. The penalties prosecutors added to Bailey's case built a prison term that would keep him incarcerated until age 86.
Congress has since lightened some of the harsh mandatory penalties that applied to Bailey and others convicted in the 1990s. But lawmakers did not make that change retroactive to apply to people already inside prison. The Supreme Court's ruling says that because of this, those people's punishments are not extraordinary or compelling, as the compassionate release program mandates.
Voices for and Against Reinprisonment
Retired federal Judge John Gleeson disagrees with the Supreme Court's ruling. "These are indefensibly long sentences, and they need to be corrected," he said. Gleeson launched a pro bono program that has helped more than 100 people in prison petition the courts for early release.
Maryam Kanna, a pro bono lawyer for Bailey, said he has already served more time than most people convicted of federal murder. "He has a stable, happy life and is a really productive member of society, so the idea that he poses a danger is completely farcical," Kanna said.
The U.S. attorney in the Southern District of Indiana declined to comment beyond official court filings. Kelsie Clayton, a spokesperson for that office, said the office speaks only through official court filings.
What Bailey Faces Now
Bailey said he would abide by the law and that he's just got to keep fighting. He is uncertain where he will be in September, when his probation officer had planned to recommend his early release. For now, he continues working his bus route and spending time with his family while prosecutors decide whether to move forward with reincarcerating him.
