Opinion
CIVIL ACTION NO. 07-cv-5296.
December 19, 2007
MEMORANDUM AND ORDER
Petitioner alleges that he was convicted in the Court of Common Pleas of Philadelphia County for offenses related to illegal drugs; he also alleges that as a result of that conviction, he was sentenced by that court on March 27, 2007 to a mandatory term of 2 ½ to 5 years incarceration, pursuant to the state of Pennsylvania's sentencing guidelines.
Petitioner filed the instant petition in this court on December 17, 2007, which he labeled as a "Motion to Modify Sentence Pursuant to the New Federal Sentenceing (sic) Guidelines for Crack Cocaine Offender's Pursuant to Statutory Provisions 21 U.S.C. § 842(a)(2)." Petitioner argues that recent changes in the federal sentencing guidelines should result in a shortening of his state court sentence. What this petition overlooks is that there is no "federal sentence" involved in this matter; petitioner attacks a state court sentence; accordingly, the alleged amendments to the federal sentencing guidelines are irrelevant to the length of petitioner's state incarceration.
Accordingly, this 19 Day of December 2007, it is hereby
ORDERED that 07-cv-5296 is DISMISSED WITH PREJUDICE, and, it is further
ORDERED that the Clerk of this Court shall mark 07-cv-5296 as CLOSED for all purposes, including statistics.