Robinson v. United States

Background

Sean Robinson, who was incarcerated and representing himself, filed a submission titled “First Step Act/Motion to Correct Sentence/United States v. Taylor No. 20-1459 (2022).” He challenged the constitutionality of the sentence imposed by the district court.

The court explained that 28 U.S.C. § 2255 is generally the proper procedure for a federal prisoner to challenge a conviction or sentence. Robinson had already filed a § 2255 motion challenging his sentence, and that earlier motion had been denied on the merits.

Recharacterization and Transfer

Because the earlier § 2255 motion had been decided on the merits, the court treated Robinson’s current submission as a second or successive § 2255 motion. A second or successive motion requires authorization from the appropriate federal court of appeals before it may be filed in the district court. Robinson had not indicated that he had obtained that authorization.

The court therefore transferred the action to the United States Court of Appeals for the Second Circuit under 28 U.S.C. § 1631. The transfer was the disposition of the district-court action; the court did not decide the underlying constitutional challenge to Robinson’s sentence.

Additional Orders

The court closed the action in the district court. It also ruled that a certificate of appealability would not issue because the motion did not make a substantial showing that a constitutional right had been denied. For purposes of an appeal, the court denied permission to proceed without paying filing fees and certified that an appeal would not be taken in good faith.

Disposition

The court construed Robinson’s filing as a second or successive § 2255 motion and transferred it to the Second Circuit. The order was procedural because the district court did not reach the merits of Robinson’s sentence challenge.