2:01-cr-80571
E.D. Mich.May 11, 2022Background
- Milton "Butch" Jones was convicted of continuing criminal enterprise and responsible for two killings; sentenced in 2008 to 360 months (30 years); with good-time credit his anticipated release is January 20, 2027.
- Jones led a large narcotics organization, employed armed crews, and admitted that the murders of Grice and Caruthers were foreseeable and tied to his enterprise.
- He has serious medical conditions including end-stage renal disease (ESRD); a nephrologist estimated markedly reduced life expectancy; he has received two doses of the Moderna COVID-19 vaccine and receives hemodialysis in BOP custody.
- Jones previously sought compassionate release based on COVID risk and his medical condition; the district court denied that motion as speculative because Jones had already recovered from COVID; Jones appealed.
- The Sixth Circuit vacated and remanded, noting reinfection can occur and that Jones’s ESRD might qualify as an extraordinary and compelling reason; on remand the district court again denied compassionate release based on the § 3553(a) sentencing factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "extraordinary and compelling reasons" support release | Gov: vaccine + BOP care negate COVID risk; medical issues manageable in custody | Jones: ESRD, reduced life expectancy, reinfection risk justify release | Court did not decide E&C; denied on other grounds |
| Whether reduction would be consistent with Sentencing Commission policy | Gov: policy not met because risks managed and vaccine available | Jones: medical severity and age make release appropriate under policy | Not separately resolved; denial turned on §3553(a) |
| Whether §3553(a) factors warrant release | Gov: seriousness of offenses (murders, violent enterprise) and need to protect public favor denial | Jones: served ~22 years, age, low recidivism risk, rehabilitation, family support favor release | Court: §3553(a) dispositive — severity of crimes outweighs favorable factors; denial affirmed |
| Whether vaccination/reinfection materially changes analysis | Gov: vaccination undercuts COVID-based E&C claim | Jones: reinfection possible and ESRD increases vulnerability despite vaccination | Court acknowledged both positions but relied on §3553(a) to deny release |
Key Cases Cited
- United States v. Ruffin, 978 F.3d 1000 (6th Cir. 2020) (FSA allows prisoners to file motions for compassionate release)
- United States v. Jones, 980 F.3d 1098 (6th Cir. 2020) (three-step inquiry for compassionate release)
- United States v. Elias, 984 F.3d 516 (6th Cir. 2021) (district courts may deny when any prerequisite is lacking)
- United States v. Lemons, 15 F.4th 747 (6th Cir. 2021) (access to COVID-19 vaccine undercuts extraordinary-and-compelling claim)
- United States v. Bass, 17 F.4th 629 (6th Cir. 2021) (seriousness of murder-related offenses carries substantial weight in §3553(a) analysis)
- United States v. Araña, [citation="844 F. App'x 834"] (6th Cir. 2021) (courts generally deny compassionate release in murder-related cases despite serious health issues)
