United States v. McNeil
0:17-cr-00765
| D.S.C. | Jun 30, 2025Background
- Defendant Zadgery Collins McNeil pled guilty to being a felon in possession of a firearm and possession with intent to distribute marijuana.
- He was sentenced to 150 months of imprisonment, with a projected release date of February 27, 2028.
- McNeil previously sought compassionate release, which was denied, and has now filed a renewed motion citing changes in law, family circumstances, and rehabilitation.
- The government concedes McNeil exhausted administrative remedies, allowing the motion to proceed on its merits.
- The Court reviewed several grounds asserted by McNeil for a sentence reduction, including Amendment 829 to the Sentencing Guidelines (not yet retroactive), family needs, and completion of rehabilitation programs in prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 829 to U.S.S.G. is extraordinary reason | Law change justifies release | Amendment 829 not applicable/retroactive | Not extraordinary or compelling reason |
| Family circumstances justify release | Must care for minor son; parents unable | No proof others can't care; parents not incapacitated | Not extraordinary or compelling reason |
| Rehabilitation merits compassionate release | Completed many programs | Rehabilitation alone not enough; disciplinary history | Not extraordinary or compelling reason |
| Section 3553(a) factors support reduction | Mitigating conduct/support for reduction | Serious criminal conduct & history, public protection | Do not support sentence reduction |
Key Cases Cited
- United States v. Woody, 115 F.4th 304 (4th Cir. 2024) (two-step analysis for compassionate release: extraordinary/compelling reason, then Section 3553(a) factors)
- United States v. Centeno-Morales, 90 F.4th 274 (4th Cir. 2024) (first step: extraordinary and compelling reasons for release)
- United States v. Hargrove, 30 F.4th 189 (4th Cir. 2022) (extraordinary and compelling reasons must be consistent with Sentencing Commission policy)
- United States v. Bethea, 54 F.4th 826 (4th Cir. 2022) (broad discretion in evaluating Section 3553(a) factors)
- United States v. Bond, 56 F.4th 381 (4th Cir. 2023) (Section 3553(a) review is required following extraordinary reason finding)