A Nebraska man whose federal sentence was commuted in January 2025 under a Biden-era clemency initiative has been arrested after an Oct. 4 shooting in Omaha’s Old Market, intensifying questions about the mass release of inmates convicted of drug and gun offenses.
Federal prosecutors say Khyre Holbert, 31, discarded a loaded handgun with a high-capacity magazine as officers closed in. Investigators allege the weapon is linked to multiple violent crimes statewide.
Holbert now faces a federal firearms charge. Officials say the investigation is ongoing as ballistic and digital evidence are analyzed. No trial date has been set.
Holbert had served roughly seven years of a 20-year sentence for firearms and narcotics offenses before his term was cut, despite objections citing gang ties and prior weapons convictions.
“We’re damn proud of our members who were first on scene after a shooting in the busy Old Market that left one person injured near 13th and Howard this weekend, less than a block from our headquarters,” the Omaha Police Officers Association wrote in a Facebook post last month.
“They immediately helped the victim, then launched a manhunt that ended quickly with the suspect’s arrest near Gene Leahy Mall at 13th and Farnam.
“The suspect, Khyre Holbert (31), is no stranger to the law. In 2018, he was sentenced to 20 years in federal prison for gun and narcotics offenses. His sentence was commuted on January 17th, 2025, and he was released back into the Omaha community after serving less than half his time.
“Why? Releasing dangerous criminals before proven rehabilitative efforts, puts our communities, our families, our kids, and our police officers at risk. We’re grateful our members got there fast, before Holbert could get away or hurt anyone else.”
Law-enforcement groups blasted former President Joe Biden’s autopen commutation. Critics argue the case underscores public-safety risks from the January clemency wave that freed 2,490 inmates, mostly for drug and gun crimes, according to Justice Department pardon data.
Michael Rushford of the Criminal Justice Legal Foundation said recent arrests of clemency recipients show “second chances” can backfire when vetting fails.
“With drug traffickers, especially those already convicted, this isn’t their first party,” Rushford said in an online interview. “It’s hard to get into federal prison.
“When you let one go, you have to realize he’s going to go out and commit more crimes. The likelihood is very high. That doesn’t make sense to me.
“You have to look and see if there was a real injustice in the case. With the Biden administration, I’m not sure that was done. The Justice Department under him was not really interested in fighting crime.”
The concern is not isolated to Nebraska. In March, Alabama authorities arrested Willie Frank Peterson, another January clemency recipient, on new drug and firearms charges after more than a decade served on a 20-year term, according to a federal complaint.
Supporters of reform contend mercy and rehabilitation remain vital goals, but opponents say the latest cases highlight gaps that endanger communities and erode trust.
Some prosecutors and police unions have pressed for a review of the 2025 commutations and tighter standards before any future releases.
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