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The organization routinely employed violence to further its goals. From 1989 to 1997, Bass controlled a criminal organization known as the “Dog Pound,” which was involved in the distribution of multi-kilogram quantities of cocaine base in Michigan and Ohio. On remand, moreover, the district court must reevaluate the compassionate release request based on current facts and circumstances, which have materially changed. Because the district court’s decision rested upon legal errors, its decision to release Bass constituted an abuse of its discretion. In this merits appeal, the Government argues that the district court abused its discretion when it granted Bass’s request for immediate release. In March, a divided panel of this court granted the Government’s emergency motion to stay the release.
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The district court granted Bass’s request in January 2021 and ordered his immediate release. In 2020, Bass moved for compassionate release due to COVID-19. Though the Government sought the death penalty, Bass was ultimately sentenced to two concurrent terms of life imprisonment without the possibility of release.
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In 2003, John Bass, a local drug kingpin in the state of Michigan, was convicted of murdering a hitman whom Bass had hired to kill Bass’s half-brother. 16–19), delivered a separate dissenting opinion. ROGERS, J., delivered the opinion of the court in which MURPHY, J., joined. Millian, ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER, LLP, Washington, D.C., for Amicus Curiae. Stephanie Franxman Kessler, PINALES STACHLER YOUNG & BURRELL CO., LPA, Cincinnati, Ohio, Barry J. Mullkoff, Ann Arbor, Michigan, for Appellee. ON BRIEF: Andrew Goetz, UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellant. _ COUNSEL ARGUED: Andrew Goetz, UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellant. Argued: JDecided and Filed: NovemBefore: ROGERS, WHITE, and MURPHY, Circuit Judges. 21-1094 Appeal from the United States District Court for the Eastern District of Michigan at Detroit. 32.1(b) File Name: 21a0249p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellant, > v. RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P.
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On remand, the court must reevaluate the request based on current circumstances, which have materially changed in April 2021, Bass was offered the COVID-19 vaccine but refused it. By analogizing its role to that of a parole board, the court framed the legal question in a manner that Congress expressly condemned when it shifted away from the rehabilitation focus of criminal sentencing. The district court committed legal errors when it compared Bass’s federal sentence to his co-defendant’s state sentence and gave little weight to the concern that Bass’s release might endanger the public. In March, the Sixth Circuit imposed an emergency stay the court then reversed on the merits. Bass claimed that as a 51-year-old African-American male suffering from morbid obesity, he faced a higher risk of severe illness. In 2020, Bass moved for compassionate release, 18 U.S.C. Bass was ultimately sentenced to two concurrent terms of life imprisonment without the possibility of release. Bass had murdered a hitman whom Bass had hired to kill Bass’s half-brother. 846, and firearms murder during or in relation to a drug trafficking crime 18 U.S.C. In 2003, Bass, a Michigan “drug kingpin,” was convicted of conspiracy to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base, 21 U.S.C.