ROSELLI v. SMITH

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FRANK ROSELLI, : Petitioner, : v. : Civ. No. 17-2196 : SUPERINTENDANT SMITH, et al., : Defendants. : Diamond, J. November 2, 2020 M E M O R A N D U M Habeas Petitioner Frank Roselli urges that the state court impermissibly found facts in ruling that his prior convictions qualified as predicates for the imposition of an enhanced sentence under Pennsylvania’s “Three Strikes Law.” Although there is no dispute as to the accuracy of the facts as found, because they were found by the court—and not the jury—Magistrate Judge…