Alejandro Caballero v. Kelly Harrington, Warden

MEMORANDUM

Alejandro Caballero (“Appellant”) appeals from an order of the district court denying his petition for habeas corpus relief. On December 10, 2002, Appellant was found guilty by a Los Angeles County Superior Court jury of two counts of attempted murder, one of Raul Doss, the other of Abel Sanchez. He was sentenced to a term of 25 years to life on the first count, and a consecutive term of 20 years on the second count. The convictions were affirmed by the California Court of Appeal on May 11, 2004. The California Supreme Court denied Caballero’s petition for review on August 11, 2004, and denied his petition for a writ of habeas corpus on June 22, 2005. On January 30, 2006, Caballero timely petitioned the U.S. district court for habeas corpus relief of his conviction under 28 U.S.C. § 2254 . The district court, adopting a report and recommendation of a magistrate judge, denied the petition on June 2, 2009 and denied a certificate of appealability. 28 U.S.C. § 2253 (c). Appellant requested a certificate of appeal-ability from this Court, which was granted on October 20, 2010. This appeal followed, in which Caballero focuses his challenge on the second count, his…