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Louis v. Commonwealth of Pennsylvania

United States District Court, E.D. Pennsylvania
Dec 19, 2007
CIVIL ACTION NO. 07-cv-5296 (E.D. Pa. Dec. 19, 2007)

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.


Summaries of

Louis v. Commonwealth of Pennsylvania

United States District Court, E.D. Pennsylvania
Dec 19, 2007
CIVIL ACTION NO. 07-cv-5296 (E.D. Pa. Dec. 19, 2007)
Case details for

Louis v. Commonwealth of Pennsylvania

Case Details

Full title:JEAN LOUIS v. COMMONWEALTH OF PENNSYLVANIA

Court:United States District Court, E.D. Pennsylvania

Date published: Dec 19, 2007

Citations

CIVIL ACTION NO. 07-cv-5296 (E.D. Pa. Dec. 19, 2007)