Legal Opinion
Robert Thomas Neary v. United States
Court of Appeals for the Eighth Circuit
Decided July 6, 1993No. 92-2309PublishedCited by 28 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Robert Thomas Neary appeals the district court’s denial of a 28 U.S.C. § 2255 motion to vacate his sentence. Neary argues that his sentence was unlawfully enhanced by a prior conviction despite the government’s failure to comply with 21 U.S.C. § 851(a)(1); that his counsel was ineffective for failing to appeal an obstruction of justice enhancement; and that the Bureau of Prisons (“BOP”) failed to credit him with time served prior to his federal sentence. 1 We reverse and remand on all three issues.
I. The § 851 Issue.
On September 5, 1989, Neary pleaded guilty to conspiracy…
2Cases cited13 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- United States v. JohnsonCourt of Appeals for the Eighth Circuit · 1991
- United States v. John Weaver, Thomas D. SikesCourt of Appeals for the Eleventh Circuit · 1990
- United States v. Jesus Antonio Partida-ParraCourt of Appeals for the Ninth Circuit · 1988
- United States v. Julius Cecil OlsonCourt of Appeals for the Eleventh Circuit · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Kim Chambers v. United StatesCourt of Appeals for the Second Circuit · 1997
- United States of America, Plaintiff-Appellee/cross-Appellant v. Rene Gonzalez-Lerma, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Tenth Circuit · 1994
- United States v. SteenCourt of Appeals for the Fifth Circuit · 1995
- United States v. Clarence RobinsonCourt of Appeals for the Eighth Circuit · 1997
- Richard Faye Auman, Sr. v. United StatesCourt of Appeals for the Eighth Circuit · 1995
23 more not listed; retrieve them via the Exa API.