Neuschmid

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VANNA SISOUNTHONE, No. 2:18-cv-03181 DAD AC 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROBERT NEUSCHMID, Warden, 15 Respondent. 16 17 Petitioner is a California state prisoner proceeding pro se with an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The petition was filed in 2018 and challenges a 19 2014 robbery conviction. ECF No. 1. Following prior litigation of a motion to dismiss, and then 20 a stay pending petitioner’s appeal of resentencing in state court, the action now proceeds on a 21 single claim of constitutional error at trial. See ECF No. 38. Respondent has answered. ECF No. 22 44. Petitioner did not file a reply. 23 BACKGROUND 24 I. Proceedings in the Trial Court 25 A. Preliminary Proceedings 26 Petitioner was charged in Sacramento County with multiple counts arising from the armed 27 robberies of three convenience stores. The charges as to each incident were as…