Superior Court: Inmate’s sentence for drug-related offenses not excessive

Phelan serving 18.5 to 37 years on drug-related convictions

A former Altoona man who is in a state correctional institution on multiple drug-related offenses has failed to convince the Pennsylvania Superior Court his sentence was "manifestly unjust."

Allen Lee Phelan Jr., 50, who lived in an apartment on the 1200 block of 15th Avenue, was sentenced last year by Blair County Judge Jackie Bernard to a prison term of 18.5 to 37 years behind bars after he was arrested three times over an eight month period.

While those arrests did not involve drug deals, police on three occasions, beginning in August 2023, found Phelan in possession of large amounts of fentanyl, methamphetamine, marijuana, and pills like clonazepam, as well as drug paraphernalia that included measuring spoons, smoking pipes and a pill grinder.

Police also found "white residue" and a container of "white powder" in his apartment.

Phelan, through Blair County Public Defender Julia Burke, complained that the judge's aggregate sentence for his offenses was excessive because the sentences on felony counts against him were imposed consecutively rather than concurrently.

But, the Superior Court opinion issued Tuesday stated, "This Court has consistently recognized that a challenge to the trial court's discretionary power to impose sentences consecutively or concurrently generally does not raise a substantial question."

However, there is a "narrow exception" to this rule -- where the aggregate sentence becomes unduly harsh," the panel hearing Phelan's appeal explained.

The defense in the Phelan case argued that by imposing consecutive sentences the judge failed to consider the defendant's limited criminal history, his need for drug treatment and contended the sentence "will result in his incarceration for a significant portion of his remaining life."

The Superior Court panel that included Judges Jack A. Panella, Megan King, and Timika Lane, did not agree with the defense.

During each of the three incidents that involved Phelan, the Superior Court opinion summarized, "Police recovered large quantities of illicit contraband and drug paraphernalia ... including fentanyl in excess of 100 grams (including packets for street trafficking), multiple grams of methamphetamine, cocaine and marijuana, as well as various prescription medications."

Two of his arrests involved large quantities of fentanyl or methamphetamine, the Superior Court opinion continued.

Had his case been presented on three separate occasions rather than all at once, "the combined sentence of 18.5 to 37 years would not strike most as a sentence grossly disparate to his criminal conduct," according to the appeals court.

"On this record, we determine that the consecutive nature of Phelan's sentence ... is not so excessive, grossly disparate to his criminal conduct, or patently unreasonable so as to raise a substantial question for our review," the opinion concluded.

On Aug. 25, 2023, Phelan reported a burglary at his apartment, and two Altoona police officers, Jeremy Griffeth-Talley and Benjamin Rivera, responded.

Phelan invited the officers into his residence and took them through his home to the rear entrance, where he showed them a broken window.

Walking through the home, the officers noticed white residue on surfaces of the furniture, measuring spoons, smoking pipes and a pill grinder.

When the officers asked about the alleged contraband, Phelan asked them to leave, but at that point it was too late.

A search warrant was granted and the police located 47 grams of fentanyl and 71 additional grams packaged for street sale, 20 grams of marijuana, 12 clonazepam pills and additional drug-related paraphernalia.

Phelan was charged with five counts of possession with intent to deliver, four counts of possession of controlled substances, and one count each of possession of a small amount of marijuana and possession of drug paraphernalia.

He was released on bail, but in January 2024, he was stopped by Logan Township police for driving with an expired registration along Pleasant Valley Boulevard.

Police again spotted drug paraphernalia and during a subsequent search found a bag containing white powder, a THC vape pen, bottles of pills and $710. Also found was a glass containing fentanyl, a digital scale and a rubber container with THC wax,

In April 2024, Phelan ran a red light and during a pat down after the traffic stop, a bag of methamphetamine fell out of his pants. Additional methamphetamine was found in addition to cocaine, smoking devices and additional pills.

Phelan's attorney, during his sentencing in June 2025, argued he was not running a sophisticated drug operation, but, "was a victim of the area's ongoing drug trade, who was focused on satisfying his own addiction."

His attorney asked that he be sentenced to no more than five years behind bars,

The defense plea for leniency, however, was rejected when the judge heard recordings of Phelan's telephone calls from prison to his girlfriend in which he told her how to acquire and deliver drugs while he was in prison and bragged how people came to him for drugs because he was the best and the cheapest.

Phelan is incarcerated in the State Correctional Institution in Benner Township, Centre County.