United States v. Neely
1:22-cr-00029
| S.D. Ga. | Jun 30, 2025Background
- Magnum Jelani Neely pled guilty to a federal drug-related conspiracy and was sentenced to 278 months, to be served concurrently with a state sentence from Burke County, Georgia.
- Neely is currently serving his state sentence in the Georgia Department of Corrections.
- Neely previously filed a federal motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), which was denied because only federal prisoners can seek this relief.
- Neely subsequently filed a motion seeking relief from his conviction and sentence, raising several grounds related to sentencing credits, constitutional violations, and sentence clarification.
- The court reviewed whether it had jurisdiction or authority to consider any of Neely's claims based on his procedural posture and the applicable legal standards.
- The court ultimately denied all requests for relief as procedurally improper or unauthorized.
Issues
| Issue | Neely's Argument | Government's Position | Held |
|---|---|---|---|
| Federal credit for time served in state | Neely seeks federal sentence credit for state custody | Must be addressed via habeas under § 2241 | Denied; court lacks authority on this issue |
| Challenge to search by state law enforcement | Arrest unconstitutional, so conviction/sentence invalid | Requires § 2255 motion with appellate approval | Denied; court lacks jurisdiction |
| Successive § 2255 motion | Alleges grounds for additional § 2255 relief | Needs Eleventh Circuit authorization for second filing | Denied; no authorization provided |
| Compassionate release as state prisoner | Argues for reduction based on circumstances | Only available to federal prisoners | Denied; state prisoners ineligible |
Key Cases Cited
- Medberry v. Crosby, 351 F.3d 1049 (11th Cir. 2003) (explaining restrictions and exhaustion requirements on habeas corpus petitions by state prisoners)