INDIANAPOLIS — A judge released Anthony Bailey from federal prison in July 2024 after he had served 27 years. The Justice Department has signaled it may move to return Bailey to prison to serve the remainder of his original sentence following a U.S. Supreme Court ruling in late May that limited how federal prisoners can use the compassionate release program for early release.

Bailey, 61, had a projected release date of 2050 under his initial sentence. He currently works as a city bus driver in Indianapolis. Bailey, along with two other men, robbed a bank and carried out two carjackings on Sept. 3, 1997.

The Supreme Court majority stated that the compassionate release program is designed for extraordinary or compelling circumstances, such as severe illness or old age. The majority also indicated that inmates serving sentences longer than current punishment standards are not automatically eligible for compassionate release. Retired federal Judge John Gleeson stated that the Supreme Court ruling was incorrect. "These are indefensibly long sentences, and they need to be corrected," Gleeson said.

Bailey served most of his prison time at the federal prison in Terre Haute, Indiana. He worked as a barber while incarcerated. Court filings indicate that Bailey had one minor infraction during decades of incarceration. Congress has lightened some mandatory penalties for federal crimes, but these changes were not made retroactive. "I'm hoping and praying that everything turn out and I get my life back," Bailey said. He added, "Today, right now, I'm a better person — I'm a productive citizen, I work hard."

Maryam Kanna, a pro bono lawyer representing Bailey, said in a podcast interview, "He has a stable, happy life and is a really productive member of society, so I mean, the idea that he poses a danger is completely farcical." Bailey described his 1997 crimes in a podcast interview: "Something that I totally regrets — will never happen again, ever, in life." His case is pending in the Southern District of Indiana.