McGarry v. Pennsylvania Board of Probation & Parole

OPINION BY

Judge PELLEGRINI.

Before this Court is the pro se petition for a writ of mandamus filed by Robert Michael McGarry (McGarry) requesting this Court to order the Pennsylvania Board of Probation and Parole (Board) to re-evaluate him for parole without regard to the Sexual Offender Assessment provision contained in Megan’s Law, as amended. 1

In 1995, McGarry was sentenced to a term of seven years and six months to 15 years imprisonment on convictions of Criminal Attempt to Rape and Burglary with a minimum release date of October 4, 2002. On July 23, 2002, two months and 11 days before the…