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U.S. v. ROBINSON

February 12, 2003

UNITED STATES OF AMERICA, PLAINTIFF,
V.
CHARLES R. ROBINSON, IV, DEFENDANT.



The opinion of the court was delivered by: Richard Mills, District Judge

OPINION

Accordingly, Defendant's motion is denied.

I. BACKGROUND

On December 4, 1997, a jury found Robinson guilty of two counts of possession with intent to distribute cocaine base ("crack") and of one count of distribution of cocaine base ("crack") in violation of 21 U.S.C. § 841. Accordingly, the Court sentenced Defendant to 100 years of imprisonment for his convictions.

Although the United States Court of Appeals for the Seventh Circuit affirmed Defendant's convictions, that court vacated his sentence and remanded his case back to this Court for re-sentencing. United States v. Robinson, 164 F.3d 1068 (7th Cir. 1999). Specifically, the Seventh Circuit remanded this case for "a new and more critical look at Robinson's relevant conduct. . . ." Id. at 1071.

On remand, this Court again sentenced Defendant to 100 years of imprisonment for his convictions. United States v. Robinson, 76 F. Supp.2d 941 (C.D.Ill. 1999). In so doing, "[t]he Court found that Robinson had dealt with at least 500 grams of crack cocaine. The Court based this conclusion upon the testimony of the witnesses who testified at trial, the law enforcement reports which were presented to the Court at the first sentencing hearing, and the testimony at the re-sentencing hearing. . . ." Id. at 945 (footnote omitted). Thereafter, the Seventh Circuit affirmed this Court's re-imposition of Defendant's 100 year sentence. United States v. Robinson, 2000 WL 689182 (7th Cir. May 16, 2000).

Finally, although the United States Supreme Court remanded Defendant's case to the Seventh Circuit for further consideration in light of the Supreme Court's holding in Apprendi v. New Jersey, 530 U.S. 466 (2000), Robinson v. United States, 531 U.S. 1005 (2000), the Seventh Circuit, upon remand, held that Defendant was not entitled to a new sentencing hearing — despite the Apprendi violation — given the overwhelming evidence establishing the drug quantities which supported his enhanced sentence. United States v. Robinson, 250 F.3d 527 (7th Cir. 2001).

On September 25, 2000, Defendant, acting pro se, filed a pleading entitled, "Motion for Jury Selection." Therein, Defendant asked the Court to provide him with "the jury (grand and petit) selection, process, and census of the registered voters for the Central District of Illinois."

Defendant asserted that he was entitled to this information pursuant to 28 U.S.C. § 1861. In addition, Defendant claimed that he needed this information in order to file a petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 because both the grand jury which indicted him and the petit jury which convicted him were not chosen under due process of law.

On September 29, 2000, the Court denied Defendant's motion for three reasons. First, the Court noted that 28 U.S.C. § 1861 did not provide Defendant with the authority for his request as that statute says nothing about a district court's duty to furnish jury lists to a litigant upon that litigant's request. Second, the Court found that, to the extent that Defendant was requesting copies of jury questionnaires, etc., he had neither sought nor been allowed to proceed in forma pauperis, that his motion did not comply with the requirements of 28 U.S.C. § 1915, and thus, that he was not entitled to copies of the jury lists without prepayment of costs. Because Defendant had not paid that requisite fees for copying material from the clerk's office, the Court denied his motion.

Third, the Court explained that Defendant did not need the jury material which he sought in order to file a § 2255 petition because Rule 2(b) of the Rules Governing § 2255 Proceedings requires only that the facts in support of a claim for relief be set forth in summary form; detailed citation to the record is not required. Accordingly, the Court advised Defendant that, if he believed that additional material were necessary after he had filed his § 2255 petition, he could file an appropriate motion with the Court at that time, but for now, the Court was denying his motion. Rule 6(a) of the Rules Governing § 2255 Proceedings.

Defendant has now filed the instant motion again seeking information on the selection of his grand and petit juries. Specifically, Defendant asks the Court: (1) to provide him with the method in which jurors are selected from the counties which comprise the United States District Court for the Central District of Illinois; (2) to provide him with a list of the jury pool (both petit and grand juries) for the year 1997 and to identify the race of the jurors who were selected; (3) to specify the procedures to be followed by the clerk or the jury commissioner in assigning persons whose names have been drawn from the qualified jury wheel to both grand and petit juries; (4) to provide him with a list of actual voters in the counties which comprise the jury pool for the Central District of Illinois; (5) to provide him with the actual number of jurors and their race which served during his trial; and (6) to provide him with the names and race of the people selected from the master jury wheel who were determined to be qualified ...


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