(HC) Rogers v. Montgomery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANDRE MARQUIS ROGERS, No. 2:20-cv-2421 DAD AC Petitioner, v. FINDINGS & RECOMMENDATIONS WARREN L. MONTGOMERY, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on Claims One and Two1 of the Amended Petition, ECF No. 6, which challenges petitioner’s 2018 conviction for possession of a firearm by a felon, and the resulting aggregate third-strike sentence of thirty years to life. Respondent has answered, ECF No. 17, and petitioner has filed a traverse, ECF No. 18. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged in Sacramento County with two counts of possession of a firearm by a felon. One count related to Petitioner’s alleged possession of a .45 caliber Glock and one 27 See ECF No. 7 (Findings and…