United States District Court, D. Maryland
Aldublin Robleto, Petitioner, Pro Se.
J. MESSITTE, District Judge.
Aldublin-Robleto, pro se, has filed a
"Motion/Petition of Review of Order of Agency Board of
Commission Office, " construed by the Court as a Motion
to Vacate Sentence under 28 U.S.C. § 2255, and a
"Supplement to Motion to Vacate, Set Aside, or Correct
Sentence, " seeking to set aside his convictions. ECF
Nos. 43, 45 and 51. For the reasons that follow, the Court
these Motions are DISMISSED WITH PREJUDICE.
January 6, 2010, Aldublin-Robleto pled guilty to one count of
unlawful reentry of a deported alien after conviction for an
aggravated felony in violation of 8 U.S.C. § 1326(a). ECF No.
19. On March 18, 2010, the Court sentenced him to 57 months
imprisonment and three years of supervised release. ECF No.
29. The Court also ordered that Aldublin-Robleto be
surrendered to a duly authorized officer of the United States
for removal proceedings in accordance with established
statutory procedures. Id.
March 22, 2010, Aldublin-Robleto appealed the Judgment. ECF
No. 31. On January 5, 2011, the Fourth Circuit affirmed the
Court's Judgment. ECF No. 37. Its mandate took effect on
January 27, 2011. ECF No. 38.
November 7, 2012, while still in custody, Aldublin-Robleto
filed a civil law-suit against the Federal Correctional
Complex at Butner (FCC Butner) and the Federal Medical Center
at Butner (FMC Butner) in the Eastern District of North
Carolina. Danilo Aldublin-Robleto v. FMC Butner, No.
5:12-cr-3226-D (E.D. N.C. Nov. 11, 2012). On February 4,
2013, United States District Judge James C. Dever III
dismissed the lawsuit without prejudice. See id.
serving his period of incarceration, Aldublin-Robleto was
removed from the United States to Nicaragua on May 30, 2013.
ECF No. 39. However, on March 10, 2014, Aldublin-Robleto
reentered the United States. Id. He was subsequently
charged in the United States District Court for the Southern
District of California with illegal reentry of an alien after
an aggravated felony conviction. United States v. Danilo
Aldublin-Robleto, No. 3:140cr0922-JAH-1 (S.D. Cal. March
11, 2014). Aldublin-Robleto pled guilty to illegal reentry of
a deported aggravated felon in that court. United States
District Judge John A. Houston sentenced Aldublin-Robleto to
30 months incarceration. See id.
April 28, 2014, United States Probation filed a Petition on
Violation of Supervised Release in this Court, alleging that
Aldublin-Robleto violated the Court's removal order when
he reentered the United States on March 30,
2013. ECF No. 39.
October 24, 2014, while in custody for his Southern District
of California conviction, Aldublin-Robleto filed the instant
"Motion/Petition of Review of Order of Agency Board of
Commission Office, " appearing to challenge his custody
and previous convictions. ECF No. 43. The Court construed the
Petition as a Motion to Vacate under 28 U.S.C. § 2255, but
was unable to discern the nature of Aldublin-Robleto's
claims. ECF No. 44. Accordingly, on October 31, 2014, the
Court issued an order advising Aldublin-Robleto to complete
and file a § 2255 packet. Id. On November 14, 2014,
Aldublin-Robleto filed his "Supplement to Motion to
Vacate, Set Aside, or Correct Sentence, " ECF No. 45,
which he refiled on April 6, 2015, ECF No. 51.
three § 2255 pleadings before the Court, Aldublin-Robleto
raises a series of contentions and requests. He informs
the Court of his Southern District of California conviction,
and he asks the Court if it can run any supervised release
ordered in this Court concurrent to the 30 month sentence he
is already serving. He also seems to claim that he needs
specific information about his District of Maryland
conviction to provide to the Southern District of California
Court. Finally, Aldublin-Robleto appears to ask the Court for
an update on the status of the civil case he had filed in the
Eastern District of North Carolina regarding an injury he
received while in custody. Aldublin-Robleto says that he
could not obtain a lawyer, that he was deported, and that he
has no knowledge of the status of his civil case. He also
seems to request information on how to appeal the case if it
state a claim for relief under 28 U.S.C. § 2255, a petitioner
must demonstrate one of the following: (1) that his or her
sentence was imposed in violation of the Constitution or laws
of the United States; (2) that the court was without
jurisdiction to impose such a sentence; (3) that the sentence
was in excess of the maximum authorized by law; or (4) that
the sentence is otherwise subject to collateral attack. 28
U.S.C. § 2255. "[U]nless a [§ 2255] claim alleges lack
of jurisdiction or constitutional error, " the
petitioner must show that the defect alleged was
"fundamental" and resulted in a "complete
miscarriage of justice." United States v.
Addonizio, 442 U.S. 178, 185 (1979).
pleadings do not implicate any of the above grounds for
relief, nor do they plausibly allege a
"fundamental" error with respect to his District of
Maryland conviction and sentence which has resulted in a
"miscarriage of justice." Instead,
Aldublin-Robleto's arguments mostly relate to his
Southern District of California conviction and his Eastern
District of North Carolina civil case. Moreover, in the form
the Court provided to Robleto for his Supplement to his
Motion to Vacate, Aldublin-Robleto essentially disregards the
framework of the form and uses it as a vehicle to ask for
information regarding his civil Eastern District of North
Carolina case. Aldublin-Robleto's filings have little, if