IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Joseph Sheerer, :
:
Petitioner :
:
v. : No. 232 C.D. 2022
: Submitted: March 10, 2023
Pennsylvania Parole Board, :
:
Respondent :
BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge
HONORABLE MICHAEL H. WOJCIK, Judge
HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION
BY JUDGE WOJCIK FILED: October 10, 2023
Presently before this Court is the application of Jessica A. Fiscus,
Esquire (Counsel) for leave to withdraw as counsel for Joseph Sheerer (Parolee).
Parolee has filed an amended petition for review of the decision of the Pennsylvania
Parole Board (Board) affirming its prior decision that recommitted him as a
convicted parole violator (CPV) and denied credit for time that he served at liberty
on parole. Counsel seeks leave to withdraw on the grounds that Parolee’s amended
petition for review is without merit. For the following reasons, we grant Counsel’s
application for leave to withdraw as counsel and affirm the Board’s order.
I. Background
Parolee was initially sentenced to a concurrent term of 5 to 10 years’
imprisonment following guilty pleas to four counts of burglary, 18 Pa. C.S.
§3502(a), and two counts of attempted burglary, 18 Pa. C.S. §901(a). Certified
Record (C.R.) at 1. With an effective date of August 10, 2012, Parolee’s minimum
sentence date was calculated to be August 10, 2017, and his maximum sentence date
was set as August 10, 2022. Id. at 3. On June 6, 2018, the Board rendered a decision
granting Parolee parole, and he was released from prison on June 25, 2018. Id. at 7-
10. At the time that he was released, there were 4 years, 1 month, and 16 days (1,057
days) remaining on Parolee’s sentence. Id. at 98-99.
On January 4, 2019, the Medford Township Police arrested Parolee in
Burlington County, New Jersey, and he was charged with a number of counts of
burglary and theft, and one count of possessing or viewing child pornography. C.R.
at 24, 28, 32-87. On January 9, 2019, the Board issued a warrant to commit and
detain Parolee based on the new charges. Id. at 20. Parolee ultimately pleaded guilty
to one count each of endangering abuse/neglect of a child by a non-caretaker and
burglary, graded as third degree felonies; all of the remaining charges were
dismissed. Id. at 28. On May 10, 2019, Parolee was sentenced to serve three years
in state prison for his new convictions, with credit from January 5, 2019, to May 9,
2019 (125 days). Id. at 28, 30. On November 4, 2020, Parolee was returned to the
Board’s custody. Id. at 104.
By Waiver of Revocation Hearing and Counsel/Admission Form
executed November 16, 2020, Parolee “knowingly, intelligently, and voluntarily
admit[ted]” his entry of guilty pleas to the two new convictions. C.R. at 22-23.
Parolee also admitted that he was advised of his right to a parole revocation hearing
and counsel at that hearing, but “[w]ith full knowledge and understanding of these
rights,” he waived his “right to a parole revocation hearing and counsel at that
hearing . . . of [his] own free will, without any promise, threat[,] or coercion.” Id. at
2
23. Parolee also “underst[ood] and agree[d] that this admission is binding and may
only be withdrawn if [he] submit[ted] a written withdrawal to [his] supervision agent
within ten (10) calendar days of the date written above.” Id.
In a decision recorded on December 29, 2020, and mailed on January
22, 2021, the Board revoked Parolee’s parole and recommitted him as a CPV to
serve 18 months’ backtime. C.R. at 100-01. Additionally, the Board denied Parolee
credit for the time that he spent at liberty on parole because his new conviction was
“the same or similar to the original offense.” Id. at 101. By adding the 4 years, 1
month, and 16 days (1,057 days) remaining on Parolee’s original sentence to his
custody for return date of November 4, 2020, and the backtime imposed, the Board
calculated a new minimum date for Parolee’s sentence of May 4, 2022, and a new
maximum sentence date of December 20, 2024. Id. at 98, 102-04.
In an administrative remedies form dated February 18, 2021, and
received by the Board on March 1, 2021, Parolee asserted that he did not make a
knowing, voluntary and intelligent waiver of his right to a revocation hearing
because he was “misguided” by a parole agent and, as a result, his due process rights
were violated. C.R. at 108-09. Additionally, Parolee asserted that he did not receive
a timely revocation hearing as it was not held within 120 days of his new conviction
in New Jersey. Id. at 109. Finally, Parolee complained that all of his street time was
taken and “then added to his tail” even though he “sat in state jail for 22 months with
a detainer on him.” Id. On August 16, 2021, January 3, 2022, and January 14, 2022,
Parolee submitted additional correspondence seeking relief regarding the Board’s
revocation of his parole. Id. at 111-22.
3
On February 18, 2022,1 the Board mailed Parolee a decision disposing
of his February 18, 2021 administrative remedies form in which it stated the
following, in pertinent part:
Before addressing the merits of your administrative
appeal, the Board also received correspondence from you
on August 16, 2021, January 3, 2022, and January 14,
2022. Considering that your 30-day deadline for filing
administrative relief ended on February 21, 2021, any
issues raised in the correspondence received after that date
need not be addressed. 37 Pa. Code §73.1.[2]
1
Three days prior, in a decision recorded on February 15, 2022, within its discretion, the
Board denied Parolee reparole, and directed that he is “to serve [his] unexpired maximum sentence,
12/20/2024, due to [his] negative interest in parole.” C.R. at 106-07.
2
Section 73.1(a)(1) and (4), and (b)(1) and (3) of the Board’s regulations states, in relevant
part:
(a) Appeals.
(1) An interested party, by counsel unless unrepresented,
may appeal a revocation decision. Appeals shall be received at the
Board’s Central Office within 30 days of the mailing date of the
Board’s order . . . .
***
(4) Second or subsequent appeals and appeals which are out
of time under these rules will not be received.
(b) Petitions for administrative review.
(1) A parolee, by counsel unless unrepresented, may petition
for administrative review under this subsection of determinations
relating to revocation decisions which are not otherwise appealable
under subsection (a). Petitions for administrative review shall be
received at the Board’s Central Office within 30 days of the mailing
date of the Board’s determination. . . .
(Footnote continued on next page…)
4
Next, the record reveals that on November 16, 2020,
you were presented with a notice of hearing and charges
indicating that you suffered a new criminal conviction in
the Superior Court of New Jersey, Burlington County[,] at
docket number 19-03-00347. On November 16, 2020, you
signed a form waiving your right to a revocation hearing
and counsel, and admitted to the veracity of the new
conviction listed on the notice. The waiver/admission
form you signed indicates that you chose to take said
action of your own free will, without promise, threat, or
coercion, and that your waiver/admission was knowing
and voluntary. The form you signed also gave you ten
calendar days to withdraw the waiver/admission form.
There is no indication that you withdrew your
waiver/admission within the established grace period. As
such, the Board acted within its authority to revoke your
parole for the offense indicated based on the
waiver/admission. Moreover, because you waived your
right to a revocation hearing, you[r] claim regarding
timeliness is also waived.
Next, the decision on whether to grant or deny a
CPV credit for time at liberty on parole is purely a matter
of discretion. The Prisons and Parole Code [(Code)]
***
(3) Second or subsequent petitions for administrative review
and petitions for administrative review which are out of time under
this part will not be received.
37 Pa. Code §73.1(a)(1) and (4), (b)(1) and (3). Accordingly, to the extent that Parolee raises
claims herein that were not raised in his first February 18, 2021 administrative remedies form, they
have been waived for purposes of appeal. Id.; see also Mendez v. Pennsylvania Board of Probation
and Parole (Pa. Cmwlth., No. 912 C.D. 2017, filed May 30, 2018), slip op. at 8-9 (holding that an
issue raised by a parolee in a subsequent untimely petition for administrative review was waived
under Section 73.1 of the Board’s regulations); Pa.R.A.P. 126(b)(1)-(2) (“As used in this rule,
‘non-precedential decision’ refers to . . . an unreported memorandum opinion of the
Commonwealth Court filed after January 15, 2008. Nonprecedential decisions . . . may be cited
for their persuasive value.”).
5
authorizes the Board to grant or deny credit for time at
liberty on parole for certain criminal offenses. 61 Pa. C.S.
§6138(a)(2.1). Pursuant to the Supreme Court’s ruling in
Pittman v. P[ennsylvania] B[oard] of Prob[ation] [and]
Parole[, 159 A.3d 466 (Pa. 2017)], the Board must
articulate the basis for its decision to grant or deny a CPV
credit for time spent at liberty on parole. In this case, the
Board articulated that you were denied such credit because
you were convicted of a new offense that was [the] same
or similar to the original offense thereby warranting the
denial of credit for the time spent at liberty on parole. The
record reveals that while you were on parole for multiple
counts of Burglary, your new conviction resulting in your
revocation was also, in part, for Burglary. Thus, the
reason provided is supported by the record and the panel
finds it sufficient to deny credit for the time spent at liberty
on parole in this case.
C.R. at 124-25.
On March 15, 2022, Parolee filed a pro se petition for review and
shortly thereafter, the Public Defender of Erie County was appointed to represent
him and Counsel entered her appearance. On June 3, 2022, Counsel filed an
amended petition for review and, on August 15, 2022, Counsel filed the instant
petition for leave to withdraw along with a no-merit letter based on her belief that
Parolee’s appeal is without merit. This matter is now before us for disposition.
II. Application for Leave to Withdraw
Counsel seeking to withdraw as appointed counsel must conduct a
zealous review of the case and submit a no-merit letter to this Court detailing the
nature and extent of counsel’s diligent review of the case, listing the issues the
petitioner seeks to have reviewed, explaining why and how those issues lack merit,
6
and requesting permission to withdraw.3 Commonwealth v. Turner, 544 A.2d 927,
928 (Pa. 1988); Hughes v. Pennsylvania Board of Probation and Parole, 977 A.2d
19, 24-26 (Pa. Cmwlth. 2009); Zerby v. Shanon, 964 A.2d 956, 960 (Pa. Cmwlth.
2009). The no-merit letter must include “‘substantial reasons for concluding that a
petitioner’s arguments are meritless.’” Zerby, 964 A.2d at 962 (citation omitted).
In addition, court-appointed counsel who seeks to withdraw
representation must: (1) notify the petitioner of the request to withdraw; (2) furnish
the petitioner with a copy of a brief or no-merit letter; and (3) advise the petitioner
of his right to retain new counsel or raise any new points that he might deem worthy
of consideration. Turner, 544 A.2d at 928; Hughes, 977 A.2d at 22. If counsel
satisfies these technical requirements, this Court must then conduct an independent
review of the merits of the case. Turner, 544 A.2d at 928; Hughes, 977 A.2d at 25.
If this Court determines the petitioner’s claims are without merit, counsel will be
permitted to withdraw, and the petitioner will be denied relief. Turner, 544 A.2d at
928; Hughes, 977 A.2d at 27.
Upon review, Counsel’s no-merit letter satisfies the technical
requirements of Turner. Counsel states that she has conducted a review of the
record, applicable statutes, and case law. She sets forth the issues that Parolee wishes
to have reviewed in this appeal, specifically: (1) he did not knowingly, voluntarily,
3
Where there is a constitutional right to counsel, court-appointed counsel seeking to
withdraw must submit a brief in accord with Anders v. California, 386 U.S. 738 (1967), referred
to as an Anders brief, that (i) provides a summary of the procedural history and facts, with citations
to the record; (ii) refers to anything in the record that counsel believes arguably supports the appeal;
(iii) sets forth counsel’s conclusion that the appeal is frivolous; and (iv) states counsel’s reasons
for concluding that the appeal is frivolous. Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa.
2009); Hughes v. Pennsylvania Board of Probation and Parole, 977 A.2d 19, 25-26 (Pa. Cmwlth.
2009). Where, as here, the petitioner has only a statutory, rather than a constitutional, right to
counsel, appointed counsel may submit a no-merit letter instead of an Anders brief. Hughes,
977 A.2d at 25-26.
7
and intelligently waive his right to a revocation hearing and to counsel present at
that hearing; (2) the Board did not afford Parolee a timely revocation hearing within
120 days of his new conviction; (3) the Board erred in denying Parolee credit for the
time spent at liberty on parole; and (4) the Board erred when it refused to run
Parolee’s backtime concurrently with his New Jersey sentence in violation of the
separation of powers. Counsel provides a thorough analysis as to why these issues
lack merit, citing the applicable statutes, case law, and the record in support.
First, Counsel explains that the Board correctly found that Parolee
knowingly, voluntarily and intelligently waived his right to a revocation hearing and
to counsel. Counsel cites well-settled case law explaining that execution of the
Board’s forms is sufficient to effectuate a knowing and voluntary waiver. Prebella
v. Pennsylvania Board of Probation and Parole, 942 A.2d 257, 261 (Pa. Cmwlth.
2008). Second, because Parolee had already waived his right to a revocation hearing,
he cannot later allege a failure to conduct a timely hearing. Fisher v. Pennsylvania
Board of Probation and Parole, 62 A.3d 1073, 1075 (Pa. Cmwlth. 2013). Third, the
Board has the discretion to credit a nonviolent CPV with street time, but it is not
required to do so. Section 6138(a)(2) of the Code, 61 Pa. C.S. §6138(a)(2); Pittman,
159 A.3d at 473. The Board provided a contemporaneous reason for its decision to
not award Parolee credit for street time, in compliance with Pittman. Id. Fourth,
Counsel explains that the Board did not err in running the remainder of Parolee’s
original sentence consecutive with the New Jersey sentence on his new convictions.
Smith v. Pennsylvania Board of Probation and Parole, 171 A.3d 759, 761 n.7 (Pa.
2017).4
4
Counsel also notes that Parolee waived his additional claim challenging the Board’s
alleged failure to conduct a timely detention hearing by failing to raise the issue in his February
(Footnote continued on next page…)
8
Counsel has reviewed the Board’s recalculation of Parolee’s maximum
sentence date, verifies that it is not an alteration of a judicially imposed sentence,
and concludes that it was correctly calculated. Counsel further explains that a
parolee who is convicted of a crime while on parole must be recommitted to serve
the unserved portion of his original maximum sentence and may be denied credit for
street time under Section 6138(a)(2) of the Code. The Board has the discretion to
credit a nonviolent CPV with street time, but it is not required to do so under Pittman,
159 A.3d at 473.
Based on her review, Counsel concludes that Parolee’s appeal to this
Court lacks merit, and she requests permission for leave to withdraw. Counsel
provided Parolee with a copy of the no-merit letter and her request to withdraw. She
advised Parolee of his right to retain new counsel or proceed pro se. As we are
satisfied that Counsel has discharged her responsibility in complying with the
technical requirements to withdraw from representation, we shall conduct an
independent review to determine whether Parolee’s petition for review lacks merit.5
III. Independent Review
Parolee first claims that he did not knowingly, voluntarily, and
intelligently waive his right to a revocation hearing and to have counsel present at
that hearing. As this Court has summarized: “In order to effectuate a knowing and
18, 2021 administrative review request. Section 73.1 of the Board’s regulations; Mesko v.
Pennsylvania Board of Probation and Parole, 245 A.3d 1174, 1180-81 (Pa. Cmwlth. 2021); see
also supra, note 2.
5
Our scope of review is limited to determining whether constitutional rights were violated,
whether the Board’s adjudication was in accordance with law, and whether necessary findings
were supported by substantial evidence. Section 704 of the Administrative Agency Law, 2
Pa. C.S. §704; Miskovitch v. Pennsylvania Board of Probation and Parole, 77 A.3d 66, 70 n.4 (Pa.
Cmwlth. 2013).
9
voluntary waiver in Parole Board cases, all that is required is for the Board to show
that it followed its own regulations and provided the necessary information to the
offender prior to the offender signing the written waiver form.” Prebella, 942 A.2d
at 261 (citations omitted). Execution of the Board’s form by a parolee is sufficient
proof. Id. A parolee’s waiver of counsel is deemed informed and voluntary if the
parolee is informed of right to counsel, is provided the name and address of the
appropriate public defender, and gives his written statement that he has been fully
advised of this right and waived it of his own free will. Id.
Here, on November 16, 2020, Parolee signed a Notice of Charges and
Hearing for a revocation hearing to be held on November 20, 2020, and this
document listed his new convictions, the location of the hearing, and provided the
name and address of the Public Defender in that county. C.R. at 21. That same day,
Parolee also signed the Waiver of Revocation Hearing and Counsel/Admission Form
“waiv[ing] these rights of [his] own free will, without any promise, threat or
coercion.” Id. at 22-23. An agent witnessed the signing of each of these documents.
Id. at 21-23. Parolee did not retract his admission within the ten-day grace period.
As a result, we conclude that there is sufficient evidence that Parolee made a
knowing and voluntary waiver of his right to a revocation hearing.
Parolee next claims that he was not afforded a timely revocation hearing
within 120 days of his new conviction. As indicated, Parolee waived his right to a
revocation hearing and only later sought to raise this claim in his request for
administrative review. C.R. at 21-23, 108-09. Based upon the express provisions
of Section 71.4(1)6 of the Board’s regulations, Parolee waived his right to challenge
6
Section 71.4(1) of the Board’s regulations states, in pertinent part:
(Footnote continued on next page…)
10
the timeliness of his revocation hearing when he expressly waived his right to have
a hearing in the first place. See Fisher, 62 A.3d at 1075 (“[O]nce a parolee waives
his right to a parole revocation hearing, he is precluded from subsequently
challenging the hearing’s timeliness.”).
Indeed, as this Court explained in a similar circumstance:
Here, the record indicates that the Board advised [the
p]etitioner . . . that it intended to conduct a revocation
hearing. That same day, [the p]etitioner admitted to being
convicted of the new criminal charges, executed the
Board’s form, and waived his right to a revocation hearing.
The form [that the p]etitioner executed expressly stated
that he chose to take said action of his own free will,
without promise, threat, or coercion. Therefore, pursuant
to this Court’s decision in Fisher, [the p]etitioner is
precluded from challenging the timeliness of his
revocation hearing because he voluntarily waived his right
to the same.
Cartegena v. Pennsylvania Board of Probation and Parole (Pa. Cmwlth., No. 418
C.D. 2016, filed January 12, 2017), slip op. at 7. As a result, based on the foregoing,
Parolee waived his claim regarding the timeliness of his revocation hearing.
Moreover, on the merits, the record in this case demonstrates that
Parolee’s revocation hearing was held within 120 days after he was returned to
(1) A revocation hearing shall be held within 120 days from the date
the Board received official verification of the plea of guilty . . .
except as follows:
(i) If a parolee is confined outside the jurisdiction of the
Department of Corrections, such as confinement out-of-State, . . .
where the parolee has not waived the right to a revocation hearing
by a panel . . . , the revocation hearing shall be held within 120
days of the official verification of the return of the parolee to a
State correctional facility.
37 Pa. Code §71.4(1)(i) (emphasis added).
11
custody in the Commonwealth from the New Jersey authorities. As indicated,
Parolee’s Custody for Return date was November 4, 2020, and the revocation
hearing that he waived on November 16, 2020, was scheduled for November 20,
2020. See C.R. at 21, 23, 104. Accordingly, Parolee’s claim that the Board erred in
failing to conduct a timely revocation hearing is patently without merit.
Parolee next claims that the Board erred in denying credit for the time
that he spent at liberty on parole. Section 6138(a)(2.1) of the Code grants the Board
the discretion to award credit to a CPV recommitted for the reasons stated therein.
Pittman, 159 A.3d at 473.7 When exercising this discretion, the Board must conduct
an “individual assessment of the facts and circumstances surrounding [a parolee’s]
parole revocation.” Id. at 474. Further, the Board must “articulate the basis for its
decision to grant or deny a CPV credit for time served at liberty on parole.” Id.
Although the Board has broad discretion to grant or deny such credit, its decision is
subject to our review, and must be reversed or vacated as an abuse of discretion,
where the Board has based its denial of credit on an erroneous premise. Id. at 474-
7
Specifically, Section 6138(a)(2.1) states:
(2.1) The [B]oard may, in its discretion, award credit to an offender
recommitted under paragraph (2) for the time spent at liberty on
parole, unless any of the following apply:
(i) The crime committed during the period of parole
or while delinquent on parole is a crime of violence or a
crime listed under 42 Pa. C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders) or I2 (relating to continued
registration of sexual offenders).
(ii) The offender was recommitted under [S]ection
6143 (relating to early parole of offenders subject to Federal
removal order).
61 Pa. C.S. §6138(a)(2.1).
12
75. Moreover, “the reason the Board gives does not have to be extensive and a single
sentence explanation is likely sufficient in most instances.” Id. at 475 n.12. Where
the Board denies credit for the time served at liberty on parole, that time is applied
to the original maximum sentence date to create a new maximum sentence date.
Armbruster v. Pennsylvania Board of Probation and Parole, 919 A.2d 348, 351 (Pa.
Cmwlth. 2007).
In the instant case, Parolee was not convicted of a crime of violence,
did not commit a crime requiring sex offender registration, and was not subject to a
federal removal order. See Section 6138(a)(2.1)(i) and (ii) of the Code. Thus,
although Parolee qualified for credit under the Code, it was within the Board’s
discretion to grant or deny him credit for the time that he spent at liberty on parole.
See id.; Pittman, 159 A.3d at 473. The Board chose to deny credit and
contemporaneously articulated Parolee’s commission of burglary as the crime
underlying both his original sentence and his recommitment as a CPV as the reason
for denying credit. C.R. at 101.
The foregoing Board reasoning constitutes a valid basis to deny credit
upon Parolee’s recommitment. See Smoak v. Talaber, 193 A.3d 1160, 1164 (Pa.
Cmwlth. 2018) (holding that the Board’s stated reason of “unresolved drug and
alcohol issues” is a valid basis to deny credit under the Pittman standard); see also
King v. Pennsylvania Board of Probation and Parole (Pa. Cmwlth., No. 875 C.D.
2019, filed November 10, 2020), slip op. at 7-8 (“[W]e have recognized that the
Board’s statement that a CPV has a ‘prior history of supervision failures’ is sufficient
to meet the Pittman standard as long as that statement is supported in the record.”)
(citations omitted). Because the Board’s stated basis for denying credit is amply
13
supported by the record herein, we find no error or abuse of discretion in the Board’s
decision to deny credit for the time that Parolee spent at liberty on parole.
Finally, Parolee asserts that he should receive credit on his original
sentence for the time that he served on his new convictions in New Jersey. However,
the New Jersey judgment of sentence merely indicates that the sentences imposed
on his two new New Jersey convictions are merely to run concurrently with each
other, and that his presentence period of confinement was credited to his new New
Jersey sentence. See C.R. at 28, 31.
As this Court has observed:
“The general rule governing the allocation of credit
for time served awaiting disposition of new criminal
charge was established by our Supreme Court in Gaito v.
Pennsylvania Board of Probation [and] Parole, [412 A.2d
568 (Pa. 1980)].” Armbruster[, 919 A.2d at 352].
Pursuant to Gaito, “this Court consistently held that once
a parolee is sentenced on a new criminal offense, the
period of time between arrest and sentencing, when bail is
not satisfied [on the new criminal charge], must be applied
toward the new sentence, and not to the original sentence.”
Armbruster, 919 A.2d at 352.
Stroud v. Pennsylvania Board of Probation and Parole, 196 A.3d 667, 674 (Pa.
Cmwlth. 2018) (footnotes omitted). The record in this case shows that Parolee
received credit on the new New Jersey convictions for the 125 days that he was
confined between his arrest to the date that he entered his guilty pleas on the new
out-of-state charges. See C.R. at 30. Because Parolee received credit toward his
new New Jersey sentence from the date of his arrest until his return to Pennsylvania’s
custody, the Board correctly refused to award this time to his original Pennsylvania
sentence. See Gaito; see also Stroud, 196 A.3d at 673-74 (holding that the Board
did not have authority under the Code to retrieve a parolee from federal custody
14
following his arrest on federal charges to conduct a revocation hearing and to allow
him to serve backtime on his original sentence while he was still in federal custody).
Accordingly, we grant Counsel’s application for leave to withdraw as
counsel, and we affirm the Board’s February 18, 2022 decision affirming its
December 29, 2020 recommitment decision.
MICHAEL H. WOJCIK, Judge
15
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Joseph Sheerer, :
:
Petitioner :
:
v. : No. 232 C.D. 2022
:
Pennsylvania Parole Board, :
:
Respondent :
ORDER
AND NOW, this 10th day of October, 2023, Jessica A. Fiscus, Esquire’s
application for leave to withdraw as counsel is GRANTED, and the decision of the
Pennsylvania Parole Board dated February 18, 2022, is AFFIRMED.
__________________________________
MICHAEL H. WOJCIK, Judge