United States District Court, E.D. Pennsylvania
CYNTHIA M. RUFE, J.
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
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”):
Count 1 - Persons not to possess firearms, 18 Pa.C.S.A.
§ 6015(a)(1) [nolle pros].
Count 1 - Receiving stolen property, 18 Pa.C.S.A. §
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Pa.C.S.A. § 6106(a)(1) [withdrawn].
Count 1 - Aggravated assault, 18 Pa.C.S.A. § 2702(a)(3)
Count 2 - Reckless Endangering Another Person, 18 Pa.C.S.A.
§ 2705 [withdrawn].
Count 3 - Resisting Arrest, 18 Pa.C.S.A. § 5104 [nolo
February 14, 2012, the Commonwealth filed three additional
criminal informations against Petitioner (collectively, the
“2012 cases”) that charged as follows:
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3503(a)(1)(ii) [withdrawn].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taking, 18 Pa.C.S.A. § 3921(a) [withdrawn].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)