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A Nebraska felon whose prison sentence was reduced by former President Joe Biden earlier this year is back in custody — facing a new federal charge after 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 in connection with an Oct. 4 shooting in Omaha’s Old Market district.
The case has reignited criticism of the Biden administration’s clemency program after prosecutors say Holbert reoffended less than a year after being freed.
Holbert had pleaded guilty in 2018 to three federal crimes and was sentenced to 20 years in prison. His sentence was then commuted in January 2025, despite objections from the U.S. Attorney’s Office, which cited Holbert’s alleged gang ties, long criminal record and past gun offenses.
Officials say Khyre Holbert, who was charged in a shooting in Omaha’s Old Market earlier this month, now faces a federal firearms charge. (Omaha Police Department)
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In a post on X, the Omaha Police Officers Association condemned the commutation decision, 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 wrote.
“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 gun recovered from the Oct. 4 shooting was tied to multiple violent crimes across Nebraska earlier this year.
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Officials say Khyre Holbert allegedly tried to discard the weapon used in an Oct. 4 shooting in the Old Market district in Omaha, Nebraska. (X/@omahaPOA)
According to the complaint, Holbert tried to discard the weapon before officers found it. Forensic experts later determined his fingerprints were on the gun, which was loaded and fitted with a high-capacity magazine.
The case has drawn sharp criticism from federal officials, who say Holbert’s release never should have happened.
U.S. Attorney General Pamela Bondi called the decision “a failure to hold criminals accountable.”
“The Biden Administration’s last-minute commutations were not only a cruel blow to victims’ families, but also a fundamental failure to hold criminals accountable,” Bondi said. “This tragic case proves that crime must be met with consequences, not weakness. Our prosecutors in Nebraska are doing the job that the prior administration refused to do.”
U.S. Attorney Lesley Woods added that Holbert’s early release endangered the community, emphasizing that keeping violent gang members in custody remains a top federal priority.
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The Omaha Police Officers Association said Khyre Holbert was “no stranger to the law.” (Mitchell Layton/Getty Images)
“Khyre Holbert should never have been prematurely released from federal prison and been free to participate in this violence,” Woods said. “Omaha is safer with Mr. Holbert back in custody and off the streets. The United States Attorney’s Office for the District of Nebraska will fight to keep Mr. Holbert – and any other gang members who participate in similar violent acts – in federal custody.”
FBI Special Agent Eugene Kowel, who leads the Omaha field division, said the bureau remains focused on dismantling violent gangs and protecting communities through joint operations with local partners.
“Protecting the public from violent criminals remains a top priority of the FBI. Federal, state and local law enforcement on the Omaha Safe Streets Task Force work tirelessly to apprehend violent gang members who terrorize our communities,” Kowel said. “We will continue working with our partners to crush violent crime and safeguard our neighborhoods from individuals like Khyre Holbert.”
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Holbert served roughly seven years of his original 20-year sentence before being released under Biden’s clemency order. He now faces both state and federal charges, including a first-degree assault charge at the state level.
According to KETV 7, the Douglas County Attorney’s Office said they will work with the U.S. Attorney’s Office for the District of Nebraska on how to proceed with Holbert’s state charges. It’s possible both cases could proceed simultaneously, though that’s not typical, officials added.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.