NEARY v. U.S.

No. 92-2309.

998 F.2d 563 (1993)

Robert Thomas NEARY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1993.


Attorney(s) appearing for the Case

Robert Thomas Neary, Yankton, SD, for plaintiff-appellant.

Kevin V. Schieffer, U.S. Atty., Sioux Falls, SD, for defendant-appellee.

Before McMILLIAN, WOLLMAN, and LOKEN, Circuit Judges.


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...

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