USA v. Moore et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JAKTINE ALPHONSO MOORE,
Defendant.
4:09-CR-3091
ORDER
This matter is before the Court on the defendant's motion for
compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) (filing 457),
pursuant to which a defendant may (after exhausting his administrative
remedies) move for reduction of his term of imprisonment based upon
"extraordinary and compelling reasons." He points to U.S.S.G. § 1B1.13(b)(6),
which says that if a defendant received an unusually long sentence and has
served at least 10 years of the term of imprisonment, a change in the law may
be considered in determining if he has an extraordinary and compelling reason
to reduce his sentence. Filing 457 at 5-6.
But the defendant hasn't identified a change in the law affecting his
sentence. He says he "believe[s] if [he] was sentenced today, the career offender
would range from 188-235 months" because his "prior drug offenses would not
qualify as a predicate offense." Filing 457 at 6. But as the Court has previously
explained, the defendant's status as a career offender affected neither his
guidelines sentencing range nor his sentence. Filing 444. Accordingly,
IT IS ORDERED that the defendant's motion for compassionate
release (filing 457) is denied.
Dated this 24th day of November, 2025.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
4:09-cr-03091-JMG-JMD Doc # 458 Filed: 11/24/25 Page 1 of 1 - Page ID #
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