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 a motion for compassionate release pursuant to
18 U.S.C. § 3582(c)(1)(A), which permits a defendant (after exhausting
administrative remedies) to move for reduction of a term of imprisonment
based upon "extraordinary and compelling reasons." Filing 453. The defendant
argues that there is a disparity between his sentence and sentences imposed
in later cases. Filing 453.
The defendant's motion arguably implicates U.S.S.G. § 1B1.13(b)(6),
which permits a sentence reduction when a sentence is unusually long and a
change in the law has created a gross disparity between the sentence being
served and the sentence that would likely be imposed today. The Eighth Circuit
has held, however, that despite § 1B1.13(b)(6), a nonretroactive change in
sentencing law cannot, independently or in combination with other factors,
constitute an "extraordinary and compelling reason" for a sentence reduction
pursuant to § 3582(c)(1)(A). United States v. Johnson, No. 24-2393, 2025 WL
1949738, at *2 (8th Cir. July 16, 2025) (citing United States v. Crandall, 25
F.4th 582 (8th Cir. 2022); United States v. Rodriguez-Mendez, 65 F.4th 1000
(8th Cir. 2023); Loper Bright Enters. v. Raimondo, 603 U.S. 369 (2024)). That
authority forecloses the defendant's argument. Accordingly,
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IT IS ORDERED that the defendant's motion for compassionate
release (filing 453) is denied.
Dated this 17th day of July, 2025.

BY THE COURT:

John M. Gerrard
Senior United States District Judge

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