Case Information
*1 4:08-cr-03067-JMG Doc # 455 Filed: 05/19/25 Page 1 of 2 - Page ID # 2278
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,
Plaintiff, 4:08-CR-3067 vs. ORDER GARY ZIERKE,
Defendant.
The defendant has filed to reduce his sentence based on purported amendments to the United States Sentencing Guidelines. Filing 454. Specifically, he asserts that on May 5 the Sentencing Commission "voted and approved that no longer can State and Federal Prior Sentence or Conviction be used to calculate an inmate's sentence." Filing 454 at 1. Effectively, the defendant claims that criminal history should no longer be considered by sentencing courts. See id .
No such proposed amendment exists. See Notice of Submission to Congress of Amendments to the Sentencing Guidelines Effective November 1, 2025, and Request for Comment, 90 Fed. Reg. 19798 (May 9, 2025). Nor, had such an amendment been proposed, would it have taken effect. See 28 U.S.C. § 994(p). Nor, had such an amendment been permitted to take effect, see id. , has it been made retroactive. See § 994(u); 18 U.S.C. § 3582(c)(2); U.S.S.G. § 1B1.10(d). Nor does the Commission appear to be considering retroactive application of any amendments relevant to the defendant's sentence. Compare Notice of Submission, 90 Fed. Reg. at 19856, with filing 144. Accordingly,
4:08-cr-03067-JMG Doc # 455 Filed: 05/19/25 Page 2 of 2 - Page ID # 2279
IT IS ORDERED that the defendant's motion for a sentence reduction (filing 454) is denied.
Dated this 19th day of May, 2025.
BY THE COURT: John M. Gerrard Senior United States District Judge - 2 -
