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A 3rd U.S. Circuit Court of Appeals judge in Philadelphia has upheld that a Federal Correctional Institution at Loretto inmate convicted in Georgia cannot appeal his case in Pennsylvania.
Fawad Shah Syed, 57, a resident of Georgia, was convicted a decade ago for attempting to entice an alleged 14-year-old girl online into having sex.
It turned out that he was communicating with an agent of the Georgia Bureau of Investigation Internet Crimes Against Children Task Force.
When Syed showed up at the supposed home of the 14-year-old for a date, he was immediately arrested on charges of attempted online enticement of a minor, attempted destruction of records and destruction of records.
He was convicted of the federal charges and was sentenced to 24.5 years behind bars by federal District Judge J. Randal Hall, who presided in the Southern District of Georgia.
His conviction and sentence were affirmed by the 11th Circuit Court of Appeals.
Syed in June filed a new petition in the District Court in Johnstown seeking to have his sentence vacated and the charges against him dismissed. Arguing his trial attorney was ineffective.
The appeal filed was referred to U.S. Magistrate Judge Keith A. Pesto, who recommended Syed's petition be rejected.
Pesto's recommendation was approved by District Judge Stephanie L. Haines.
Pesto concluded that the District Court in Johnstown does not have the power to consider Syed's petition, pointing out Congress has decided these types of challenges to federal convictions should be referred to the sentencing judge.
Federal court records show Syed's release date is in 2033.