Lemon

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

VICTOR MANUEL QUINTERO, Case No. 1:22-cv-01568-JLT-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

v. FOR WRIT OF HABEAS CORPUS

TRISTAN LEMON, Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On September 7, 2018, Petitioner was convicted after a jury trial in the Kern County Superior Court of voluntary manslaughter, assault with a semiautomatic firearm, assault with a firearm, unlawful firearm possession, and active gang participation. The jury found true various gang and firearm enhancements. ( CT1 1123–37.) On January 29, 2019, Petitioner was sentenced to an imprisonment term of thirty-six years and four months. (6 CT 1458.) On August 23, 2021, the California Court of Appeal, Fifth Appellate District ordered the convictions on Counts 5 and 7…