Neary v. United States

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.