IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
UNITED STATES OF AMERICA
CIVIL CASE NO. 07-CV-1011
CRIMINAL CASE NO. 98-CR-10005-001
Before the Court is Motion to Vacate, Set Aside, and/or Correct Sentence Pursuant to 28
U.S.C. § 2255 filed on behalf of the Petitioner, Robert Robinson. After review of the motion
and the entire record herein, the Court finds that the motion should be dismissed.
The Petitioner, Robert Robinson, was convicted on two counts of distribution of cocaine
base in violation of 21 U.S.C. § 841(a)(1) on December 7, 1998. On February 22, 1999, he was
sentenced to 360 months imprisonment, followed by eight years of supervised release, and
assessed a fine of $2,000.00.
Robinson did not pursue any direct appeals. He has, however, sought to attack his
conviction and sentence via numerous motions to vacate, set aside or correct sentence pursuant
to 28 U.S.C. § 2255 and petitions for writ of habeas corpus pursuant to 28 U.S.C. § 224.
On August 2, 2000, Robinson filed his first post conviction pleading pursuant to 28
U.S.C. § 2255. On November 17, 2000, the motion was dismissed as time barred by the
limitations provisions of 28 U.S.C. § 2255. Robinson appealed the Court’s ruling to the United
States Court of Appeals for the Eighth Circuit. On April 24, 2001, the appeal was dismissed by
the Court of Appeals for lack of jurisdiction.
Case 1:07-cv-01011-HFB Document 2 Filed 02/14/2007 Page 1 of 4
Robinson v. USA
On January 22, 2003, Robinson filed in this Court a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. On the same date, Robinson also filed with the Court of Appeals
an application for leave to file a second or successive motion to vacate, set aside or correct
sentence pursuant to 28 U.S.C. § 2255.
This Court found that Robinson’s § 2241 petition was in fact a petition pursuant to §
2255 in that it attacked the validity of his conviction