IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 20, 2013
RICHARD T. BALSAVAGE, PLAINTIFF,
JOHN E. WETZEL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Anita B. Brody, J.
AND NOW,this _20th___ day of __March______, 2013, it is ORDERED that the Petition for Writ of Habeas Corpus is CONDITIONALLY GRANTED on the ground that the increased sentence Balsavage received after his appeal violates the Due Process Clause of the Fourteenth Amendment because it is the product of judicial vindictiveness. Accordingly, Petitioner's sentence is VACATED. The Petitioner shall be released from custodyunless, on or before July 19, 2013, Balsavage is resentenced to a term not to exceed that originally imposed on May 31, 2007.
Anita B. Brody
Copies VIA ECF on _________ to: Copies MAILED on _______ to:
© 1992-2013 VersusLaw Inc.