Patrick Noel v. Greg Lewis

MEMORANDUM

Patrick Noel (“Noel”) appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We review de novo the district court’s denial of Noel’s petition. Clabourne v. Ryan, 745 F.3d 362, 370 (9th Cir.2014).

Noel was convicted of nine separate felony counts for offenses committed during a domestic dispute and a drive-by shooting of his cousin on November 26, 2003, in Mendocino County, California. Included among these counts was felony participation in a criminal street gang under California Penal Code § 186.22(a). Additionally, the information charging Noel included a sentencing enhancement under California Penal Code § 186.22(b)(1), alleging that the counts related to the drive-by shooting were committed “with the specific intent to promote, further, or assist in any criminal conduct by gang members.” At trial, the prosecution presented direct evidence that Noel was a member of the Norteños, a criminal gang active in Mendocino County, and expert testimony that the attempted murder of Noel’s cousin could have been related to his membership in that gang.

Noel appeals two aspects of the district court’s denial of his petition.…