Ralph Garcia v. Theresa Cisneros

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 8 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RALPH A. GARCIA, No. 21-16163

Petitioner-Appellant, D.C. No. 3:19-cv-07600-VC

v.

MEMORANDUM*

THERESA CISNEROS,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of California Vince Chhabria, District Judge, Presiding

Argued and Submitted June 15, 2022 San Francisco, California

Before: S.R. THOMAS, GOULD, and BEA, Circuit Judges. Dissent by Judge S.R. THOMAS

Appellant Ralph Garcia was convicted of the murder of Enrique Flores after

Flores was found beaten and stabbed to death in a strip-mall parking lot. Appellant

was sentenced to twenty-five years to life in prison, plus a ten-year gang

enhancement. After being denied habeas relief on grounds of ineffective assistance

of counsel in California state court, Appellant sought and was denied habeas relief

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. in federal district court.…