Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Michael Cortez Robinson, Colonel v. United States
Citations: 37 F.3d 1499; 1994 U.S. App. LEXIS 35039; 1994 WL 532951Docket: 94-1165
Court: Court of Appeals for the Sixth Circuit; September 30, 1994; Federal Appellate Court
Michael C. Robinson, a pro se prisoner, appealed a district court judgment that denied his motion to vacate sentence under 28 U.S.C. § 2255. He was initially convicted in July 1991 for possession of cocaine with intent to distribute and sentenced to 87 months in prison. After filing a motion arguing ineffective assistance of counsel and lack of opportunity to review the presentence report, the district court recognized the ineffective counsel claim, granted the motion, and resentenced him to 78 months. Robinson did not appeal this new sentence. Subsequently, he filed a second § 2255 motion, claiming ineffective assistance for not being adequately advised about a plea offer. The magistrate judge recommended denial of this motion as an abuse of the writ, to which Robinson did not object. The district court adopted this recommendation and denied the second motion. On appeal, the Sixth Circuit affirmed the district court's judgment, noting that Robinson waived appellate review by failing to file objections to the magistrate’s report. The court also found that the case did not meet the criteria for a waiver exception, as there were no extenuating circumstances, and his second motion constituted an abuse of the writ for not presenting the claim earlier.