USA v. Zierke

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

GARY ZIERKE,

Defendant.

4:08-CR-3067

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,
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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

4:08-cr-03067-JMG Doc # 455 Filed: 05/19/25 Page 2 of 2 - Page ID # <pageID>