United States District Court, D. Columbia.
WILLIAM D. ROBINSON, also known as DEE, Defendant, Pro se, WAYMART, PA.
For WILLIAM D. ROBINSON, also known as DEE, Defendant: Atiq Rahman Ahmed, LEAD ATTORNEY, ATIQ R. AHMED, ESQUIRE, Washington, DC.
For USA, Plaintiff: Bernard J. Delia, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Special Proceedings Section, Washington, DC; Darlene Michele Soltys, Sherri Lee Berthrong, LEAD ATTORNEYS, U.S. ATTORNEY'S OFFICE, Washington, DC; John Philip Dominguez, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA, Washington, DC.
ROSEMARY M. COLLYER, United States District Judge.
William D. Robinson has filed a pro se motion to vacate, set aside, or correct his sentence. The United States opposes and moves to dismiss his claim. The Court has reviewed the motion carefully and denies it because Mr. Robinson's claims are barred by the statute of limitations.
William D. Robinson was a defendant in a multi-defendant prosecution. An investigation of the M Street Crew by the Safe Streets Task Force, a joint effort in Washington, D.C., by the Metropolitan Police Department (MPD) and the Federal Bureau of Investigation (FBI), began in 2002 and ended on March 16, 2004, when thirty-nine individuals were arrested in the District of Columbia, Maryland, Virginia, New York, and California. In a 159-Count Superseding Indictment filed on October 19, 2005, a grand jury charged Mr. Robinson and his co-defendants with narcotics conspiracy in violation of 21 U.S.C. § 846; racketeering conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § § 1961-68; narcotics trafficking; murder and other violent crimes; and various weapons crimes. See Superseding Indictment [Dkt. 386].
The defendants were divided into three groups for trial. The first group, consisting of Mr. Robinson, Jonathan Franklin, George Wilson, William Simmons, and Joseph Blackson, was tried by jury before this Court starting on March 6, 2006. On May 25, 2006, the jury convicted Mr. Robinson of one count of narcotics conspiracy (Count 1), one count of RICO conspiracy (Count 2), two counts of distribution of phencyclidine (PCP), one within 1,000 feet of a school (Counts 36 and 58), one count of possession with intent to distribute PCP (Count 73), and three counts of unlawful use of a communication facility to facilitate a drug trafficking offense (Counts 96, 101, and 103).
At trial, the evidence showed that Mr. Franklin was the leader of the M Street Crew, a " large-scale drug ring" that operated " an open air drug market" throughout a four-block area centered on the intersection of 18th and M Streets in Northeast Washington, D.C. See United States v. Wilson, 605 F.3d 985, 997, 390 U.S.App.D.C. 368 (D.C. Cir. 2010) (transcript citations and quotation marks omitted). Mr. Franklin operated with a consistent routine: he obtained bulk quantities of PCP and ecstasy from suppliers and repackaged the drugs for members of the Crew to sell. Id. at 998. Although Mr. Franklin ordinarily functioned as the Crew's leader, he was assisted in that role by his three " lieutenants," Messrs. Robinson, Wilson, and Blackson, who supplied narcotics to the Crew members who completed street sales and resolved disputes involving money or drugs when Mr. Franklin was absent. Id. Essentially, their job was " to oversee everything for the top man," namely, Mr. Franklin. Id. (internal quotation marks omitted). For example, William D. Robinson, also known as " Dee," was " one of Franklin's closest friends." Id. Mr. Robinson " would hold bottles of PCP for Franklin when he was away from 18th and M . . . and communicated regularly with Franklin about the Crew's drug sales and supply." Id. (internal citations and quotation marks omitted). Because Mr. Franklin spent Sundays with his family, Mr. Robinson regularly assumed control of the enterprise in Mr. Franklin's
absence. " Beneath Franklin's three lieutenants was a class of 'foot soldiers' who made individual sales in the 18th and M area." Id. at 999.
On September 6, 2006, this Court sentenced Mr. Robinson to life imprisonment on Count 1 (narcotics conspiracy); a mandatory term of life imprisonment on Count 2 (RICO conspiracy); 240 months incarceration on Counts 36, 58, and 73 (distribution of PCP and possession with intent to distribute PCP); and forty-eight months incarceration on Counts 96, 101, and 103 (unlawful use of a communication facility). The Court also sentenced him to sixty months of supervised release on Count 1; sixty months of supervised release on Count 2; thirty-six months of supervised release on Counts 36, 73, 96, 101, and 103; and seventy-two months supervised release on Count 58. See Judgment [Dkt. 653]. Mr. Robinson filed a timely appeal. After full arguments concerning the trial, jury verdict, and sentence, the Court of Appeals affirmed Mr. Robinson's convictions and sentence on May 25, 2010. See Wilson, 605 F.3d at 1039.
Mr. Robinson filed the instant motion on February 20, 2014.See 2255 Motion (Def. Mot.) [Dkt. 1241]. On May 8, 2014, the Government filed a Motion to Dismiss his claims as time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2255, which imposes a one-year statute of limitations on habeas petitions. Thereafter, Mr. Robinson filed a motion to strike the Government's response under Federal Rule of Civil Procedure 12(f). The Court denied Mr. Robinson's motion to strike on June 19, 2014, finding that the Government's filing was sufficiently responsive to be accepted into the record. The Court further directed that Mr. ...