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4:08-cr-03067
D. Neb.
May 19, 2025

UNITED STATES OF AMERICA v. GARY ZIERKE

4:08-CR-3067

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

May 19, 2025

4:08-cr-03067-JMG Doc # 455 Filed: 05/19/25 Page 1 of 2 - Page ID # 2278

ORDER

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, 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

Case Details

Case Name: United States v. Zierke
Court Name: District Court, D. Nebraska
Date Published: May 19, 2025
Citation: 4:08-cr-03067
Docket Number: 4:08-cr-03067
Court Abbreviation: D. Neb.
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    United States v. Zierke, 4:08-cr-03067