2009 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

6-2-2009

USA v. David Robinson

Precedential or Non-Precedential: Non-Precedential

Docket No. 08-4858

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Recommended Citation

"USA v. David Robinson" (2009). 2009 Decisions. Paper 1245.

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ALD-172 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No. 08-4858

 

UNITED STATES OF AMERICA

v.

DAVID ROBINSON,

Appellant.

 

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

(D.C. Crim. No. 04-cr-00655-1)

District Judge: Honorable Berle M. Schiller

____________________________________

Submitted on a Motion for Summary Affirmance

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

April 30, 2009

 

Before: SLOVITER, FUENTES and JORDAN, Circuit Judges

(Opinion filed: June 2, 2009)

 

 OPINION

 

PER CURIAM

Appellant David Robinson, a federal prisoner incarcerated at the United States

Penitentiary in Lewisburg, Pennsylvania, was convicted of bank robbery in violation of
 This “supplemental” motion makes reference to an original motion submitted on 1

September 22, 2008, but no such motion appears on the docket.

2

18 U.S.C. § 2113(a), and possession of heroin by a federal prisoner in violation of 18

U.S.C. § 1791(a)(2). He was sentenced in United States District Court for the Eastern

District of Pennsylvania to a total term of imprisonment of 151 months, to be followed by

a term of supervised release of 5 years. He was ordered to pay a special assessment of

$400.00 and to make restitution in the amount of $5,886.00. We affirmed the judgment

of sentence on direct appeal in United States v. Robinson, 293 Fed. Appx. 958 (3d Cir.

2008), on September 26, 2008. Robinson did not challenge the order of restitution on

direct appeal.

On October 3, 2008, Robinson filed an item in the sentencing court titled

“Supplemental Filing to Motion To Waive Restitution,” which the District Court treated

as a motion to waive restitution. In this one-paragraph motion, Robinson stated that: 1

I present new evidence to the Court, citing a case which has been affirmed

in regards to fine & restitution costs involving inmates in the Bureau of

Prisons. This case is Soroka v. Daniels, 467 F. Supp.2d 1097-98 (District

of Oregon 2006.) Where the Court ruled that the Bureau of Prisons cannot

dictate that prisoners participate in the Inmate Federal Responsibility

Payment Program (IFRP). Nor should these prisoners be penalized with

harse [sic] restrictions if they chose not to participate in this payment

program. 

(Motion, at 1.) Robinson went on to ask that he not be required to make his restitution

payments until he is released to serve his term of supervised release.

The Government submitted a response to the motion, noting that Robinson had not
 We note further that Robinson did not make an improper delegation argument. See 2

United States v. Coates, 178 F.3d 681, 684-85 (3d Cir. 1999) (ordering schedule of

restitution payments is judicial function that cannot be delegated in whole or in part).

3

complained of a procedural error in the imposition of restitution, and, in any event, an

inmate may not challenge the imposition of restitution in a motion to vacate sentence

under 28 U.S.C. § 2255. The Government was of the view that federal habeas corpus 2

jurisdiction, 28 U.S.C. § 2241, also would not lie because Robinson’s claim “that he no

longer wishes to pay [restitution]” is not a challenge to the execution of his sentence. 

(Response, at 2.) In an order entered on December 2, 2008, the District Court denied the

motion to waive restitution without explanation, except that the court referred to the

Government’s response. 

Robinson appeals. The Government has filed a motion for summary affirmance

pursuant to Third Cir. LAR 27.4 and I.O.P. 10.6, to which Robinson has not responded.

We will grant the Government’s motion and summarily affirm under Third Circuit

LAR 27.4 and I.O.P. 10.6, because it clearly appears that no substantial question is

presented by this appeal. We have jurisdiction under 28 U.S.C. § 1291. Although, as the

Government noted, the exact nature of Robinson’s challenge is unclear, we are satisfied

that he has not stated a basis for jurisdiction in the sentencing court. 

For the foregoing reasons, we will grant the Government’s motion and summarily

affirm the order of the District Court denying appellant’s motion to waive restitution.