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Richard T. Balsavage v. John E. Wetzel

March 20, 2013

RICHARD T. BALSAVAGE, PLAINTIFF,
v.
JOHN E. WETZEL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Anita B. Brody, J.

ORDER

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:

20130320

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