Robinson v. United States

Petitioner appealed the dismissal of his 28 U.S.C. 2241 petition and moved for leave to proceed in forma pauperis (IFP). In his section 2241 petition, petitioner challenged the sentence imposed following his conviction in 1998 for drug-related offenses, contending that he should be permitted to proceed under the savings clause of 28 U.S.C. 2255. In this case, petitioner's invocation of Apprendi v. New Jersey, Blakely v. Washington, and Alleyne v. United States, is predicated on his contention that Persaud v. United States announced a change in the law. The court concluded that, because Persaud was not a substantive decision, it does not support petitioner's contention that the particular sentencing errors he complains of are amenable to section 2241 relief in this case. Accordingly, the court denied the IFP motion and dismissed the appeal. View "Robinson v. United States" on Justia Law