Burton
(HC) Feci v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES MICHAEL FECI, No. 2:20-cv-00878-DJC-CKD Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT BURTON, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Petitioner challenges his voluntary manslaughter conviction for shooting his roommate, Matthew Lambert. Upon careful consideration of the record and the applicable law, the undersigned recommends denying petitioner’s habeas corpus application on the merits. I. Factual and Procedural History Following a jury trial in the Sacramento County Superior Court, petitioner was convicted of voluntary manslaughter with a firearm enhancement. ECF No. 1 at 1-2. In so doing, the jury found petitioner not guilty of both murder in the first and second degree as the prosecution had argued. See ECF No. 65-3 at 192 (verdict form). On January 5, 2018, he was sentenced to…