“We now find your medical condition renders you so infirm of mind and body that you are no longer physically capable of committing any Federal, State or local crime,” the parole commission said.

The panel previously denied his release in September, despite medical reports supporting his decline in physical function, confusion and hallucinations.

Shakur was convicted of racketeering conspiracy charges in 1981 for his involvement in the robbery of a Brink’s armored truck, where a guard and two police officers were killed. He took responsibility for his actions and expressed remorse, before later being convicted for helping his sister, 2Pac’s activist godmother Assata Shakur, escape from prison.

Mutulu Shakur was incarcerated under “old law,” a set of federal sentencing guidelines in place for crimes before 1987, meaning his parole decisions have been under the oversight of a U.S. Parole Commission that was intended to be phased out decades ago.

A judge who rejected his request for compassionate release in 2020 told Shakur he could reapply at “the point of approaching death.” That same judge, now 90 years old, was the one who sentenced him over 30 years ago.