Balsavage v. Wetzel

MEMORANDUM

ANITA B. BRODY, District Judge.

Petitioner Richard T. Balsavage brings this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.1 At the conclu*508sion of a Gagnon II Hearing (“Gagnon sentencing hearing”) to address Balsavage’s probation violation, the presiding judge (the “Gagnon Judge”) sentenced Balsavage to 3 to 7 years of incarceration, followed by 42 years of probation. Balsavage appealed this sentence' by filing a PCRA petition based on the fact that he had been denied his right of allocution. The Gagnon Judge granted Balsavage’s appeal and ordered a new Gagnon II…