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Torres v. Kauffman

United States District Court, E.D. Pennsylvania

September 12, 2019

JOSE LUIS TORRES, Petitioner,
v.
KEVIN KAUFFMAN, et al., Respondents.

          ORDER

          CYNTHIA M. RUFE, J.

         Petitioner, who is proceeding pro se, seeks relief in this Court pursuant to 28 U.S.C. § 2254, arguing that his state-court conviction was imposed in violation of the United States Constitution. Petitioner is a Pennsylvania state prisoner currently serving an aggregate sentence of 12½ to 25 years after pleading guilty to multiple counts of burglary and one count each of persons not to possess firearms and resisting arrest. The Petition was referred to Magistrate Judge Henry S. Perkin, who has issued a Report and Recommendation (“R&R”) that the petition be denied. Petitioner has filed objections to the R&R. After careful, de novo review of the record, the Court determines that Petitioner has not shown entitlement to relief, and agrees with the thorough R&R that Petitioner has failed to meet the standard for obtaining relief.

         I. BACKGROUND[1]

         Between June 2010 and May 2011, Petitioner committed a series of ten burglaries in Lehigh County and neighboring jurisdictions. On July 28, 2011, the Commonwealth filed three criminal informations that charged Petitioner with the following offenses (collectively, the “2011 cases”):

CP-39-2821-2011
Count 1 - Persons not to possess firearms, 18 Pa.C.S.A. § 6015(a)(1) [nolle pros].
CP-39-2822-2011
Count 1 - Receiving stolen property, 18 Pa.C.S.A. § 3925(a) [withdrawn].
Count 2 - Persons not to possess firearms, 18 Pa.C.S.A. § 6105(a)(1) [guilty plea].
Count 3 - Firearms not to be carried without a license, 18 Pa.C.S.A. § 6106(a)(1) [withdrawn].
CP-39-CR-2828-2011
Count 1 - Aggravated assault, 18 Pa.C.S.A. § 2702(a)(3) [withdrawn].
Count 2 - Reckless Endangering Another Person, 18 Pa.C.S.A. § 2705 [withdrawn].
Count 3 - Resisting Arrest, 18 Pa.C.S.A. § 5104 [nolo contendere].

         On February 14, 2012, the Commonwealth filed three additional criminal informations against Petitioner (collectively, the “2012 cases”) that charged as follows:

CP-39-CR-282-2012
Count 1 - Burglary, 18 Pa.C.S.A. § 3502(a) [guilty plea]. Count 2 - Criminal Trespass, 18 Pa.C.S.A. § 3503(a)(1)(ii) [withdrawn]. Count 3 - Theft by unlawful taking, 18 Pa.C.S.A. § 3921(a) [withdrawn]. Count 4 - Receiving stolen property, 18 Pa.C.S.A. § 3925(a) [withdrawn]. ...

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