By Ed White
Associated Press
DETROIT (AP) - A Detroit-area man released from a life sentence because of the risk of COVID-19 has been ordered back to prison by a federal appeals court.
In a 2-1 decision, the court said returning John Bass to prison will not cause substantial harm while the government's full appeal is considered.
Bass, 51, has been in jail or prison for the last 22 years. In 2003, he was convicted of drug crimes and murder and was a candidate for the federal death penalty. A jury instead chose a life sentence.
U.S. District Judge Arthur Tarnow acknowledged Bass' "horrific" crimes but released him on Jan. 22, saying he deserved a "well-earned second chance" after getting an education in prison, becoming a certified life coach and other factors.
Bass weighs more than 300 pounds and has hypertension, conditions that pose a risk if he gets COVID-19 at a federal prison in McKean County, Pennsylvania, Tarnow said.
The judge said he evaluated Bass "not as he was on the day of sentencing, but as he is today after spending years facing his past and overcoming the challenges of his upbringing."
But the appeals court said there was more to consider.
Tarnow "ignored Bass' involvement of five of his siblings in his criminal operation, one of whom he caused to be killed, which should have significantly altered the District Court's calculus," judges Ronald Gilman and John Nalbandian wrote last Friday night.
In dissent, Judge Jane Branstetter Stranch said the appeals court must trust Tarnow's discretion.
Federal prosecutors in Detroit oppose Bass' release. Assistant U.S. Attorney Andrew Goetz said Bass would face COVID-19 risks wherever he lives because of his health.
"Bass has also not aged out of his ability to harm people. He is only 51 years old - eight years older than one of the starting quarterbacks in this year's Super Bowl," Goetz said, referring to Tom Brady. "He is more than capable of picking up where he left off."
