United States v. Robinson
0:14-cr-00264
D. MinnesotaJan 16, 2018Background
- Tony Terrell Robinson filed a pro se Rule 59(e) motion (Sept. 13, 2017) asking the court to reconsider its Aug. 23, 2017 order denying his 28 U.S.C. § 2255 motions challenging his sentence.
- Robinson sought permission to file a response to the Government’s June 29, 2017 memorandum opposing acceptance of an untimely § 2255 motion.
- The Court had previously denied Robinson’s § 2255 claims on the merits and addressed an untimely seventh claim (failure to seek release on bond) in its Aug. 23, 2017 Order.
- Robinson argued ineffective assistance of counsel (trial and appellate) under Strickland v. Washington.
- The Court reviewed the full record and all submissions, concluded Robinson had not shown prejudice or a viable claim, and found no basis to overturn its prior ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 59(e) reconsideration of Aug. 23, 2017 order is warranted | Robinson asked court to rescind its prior order and allow filing of a response to the Government’s memorandum | Government opposed reconsideration; argued prior decision stands | Denied — court adhered to its prior decision and declined to modify judgment |
| Ineffective assistance of trial counsel | Robinson claimed counsel erred in pretrial/bond advice and at trial, causing prejudice | Court reviewed record and argued no factual showing of prejudice or plausible evidence that would change sentence | Denied — no Strickland prejudice; merits were foreclosed by record |
| Ineffective assistance on appeal | Robinson claimed appellate counsel was ineffective | Court reviewed appellate record and found no basis for prejudice or deficient performance | Denied — record does not support ineffective-assistance-on-appeal claim |
| Evidentiary hearing and COA | Robinson implicitly sought further factfinding and a path to appeal | Robinson sought an evidentiary hearing and appellate relief | Denied hearing; COA not issued — no substantial showing of constitutional denial |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
- Delgado v. United States, 162 F.3d 981 (8th Cir. 1998) (when § 2255 can be dismissed without a hearing)
- Tiedeman v. Benson, 122 F.3d 518 (8th Cir. 1997) (certificate of appealability considerations)
- Flieger v. Delo, 16 F.3d 878 (8th Cir. 1994) (COA and appellate standards discussion)
- Lozado v. Deeds, 498 U.S. 430 (1991) (per curiam) (COA and procedural requirements for appeal)