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ALBRECHT v. BEARD

Civil Action No. 99-1479.

636 F.Supp.2d 468 (2009)

Alfred ALBRECHT, Sr. v. Jeffrey A. BEARD, Commissioner, Pennsylvania Department of Corrections.

United States District Court, E.D. Pennsylvania.

July 14, 2009.

Attorney(s) appearing for the Case

Billy H. Nolas, Matthew C. Lawry, Robert Brett Dunham, Stuart B. Lev, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Charles Theodore Fritsch, Jr., Langhorne, PA, for Alfred Albrecht, Sr.

Colin David Dougherty, Elliott Greenleaf, Blue Bell, PA, Heather A. Castellino, Michele Kelly, David W. Zellis, Maureen Flannery, District Attorney's Office, Doylestown, PA, Stephen B. Harris, Harris and Harris, Warrington, PA, for Jeffrey A. Beard.

MEMORANDUM AND ORDER

KAUFFMAN, District Judge.

Now before the Court for the second time is the Petition of Alfred Albrecht, Sr. ("Petitioner") for a Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the Petition will be granted with respect to Petitioner's sentence.

I. BACKGROUND AND PROCEDURAL HISTORY

On August 8, 1980, Petitioner was convicted by a jury of one count of first...

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