A Nebraska man whose prison sentence was commuted by President Joe Biden earlier this year is back behind bars — this time facing a new federal charge connected to a downtown Omaha shooting just months after his release.
According to the U.S. Attorney’s Office for the District of Nebraska, 31-year-old Khyre Holbert has been charged with being a felon in possession of a firearm following an Oct. 4 shooting in Omaha’s Old Market district.
The case has reignited criticism of the administration’s clemency program, after prosecutors alleged that Holbert reoffended less than a year after being freed.
Holbert had previously pleaded guilty in 2018 to three federal offenses and was sentenced to 20 years in prison. His sentence was commuted in January 2025, despite objections from the U.S. Attorney’s Office, which cited his alleged gang ties, extensive criminal record, and prior firearms violations.
In a post on X, the Omaha Police Officers Association denounced the commutation, writing that Holbert was “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 17, 2025, and he was released back into the Omaha community after serving less than half his time,” the union stated.
“Why? Releasing dangerous criminals before proven rehabilitative efforts puts our communities, our families, our kids, and our police officers at risk.”
Federal prosecutors said the firearm recovered from the Oct. 4 incident was linked to multiple violent crimes across Nebraska earlier in the year. According to the complaint, Holbert allegedly tried to discard the weapon before officers recovered it. Forensic analysis later identified his fingerprints on the loaded gun, which was equipped with a high-capacity magazine.
The case has sparked renewed debate among federal officials, who argue that Holbert’s release was a serious misjudgment.
U.S. Attorney General Pamela Bondi criticized the decision, calling it “a failure to hold criminals accountable.”
“The administration’s last-minute commutations were not only a cruel blow to victims’ families, but also a fundamental failure to uphold accountability,” Bondi said. “This case shows that crime must be met with consequences, not leniency. Our prosecutors in Nebraska are doing the work the prior administration failed to do.”
U.S. Attorney Lesley Woods echoed the sentiment, emphasizing that keeping violent offenders incarcerated remains a federal priority.
“Khyre Holbert should never have been prematurely released and allowed to contribute to further violence,” Woods said. “Omaha is safer with Mr. Holbert back in custody. Our office will continue pursuing aggressive action against gang members who endanger our communities.”
FBI Special Agent Eugene Kowel, who heads the Omaha field division, said the bureau remains focused on dismantling violent gangs through federal-local partnerships.
“Protecting the public from violent criminals remains a top priority,” Kowel said. “Our joint task forces will continue working to eliminate violent crime and keep neighborhoods safe from individuals like Khyre Holbert.”
Holbert reportedly served about seven years of his 20-year sentence before his release under the clemency order. He now faces both state and federal charges, including first-degree assault at the state level.
According to KETV 7, the Douglas County Attorney’s Office is coordinating with the U.S. Attorney’s Office to determine how to proceed. Officials said that while both state and federal cases could move forward simultaneously, that scenario would be unusual.
