William Joseph Jones v. Warden B. Cates

INTRODUCTION

20 On September 3, 2021, petitioner William Joseph Jones filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”). Petitioner challenges the great bodily injury sentencing enhancement he received on his 1989 conviction for first degree robbery and attempted murder. Petitioner argues he is entitled to be resentenced under a change in California state law that became effective on January 1, 2019. On October 7, 2021, the Court issued an Order to Show Cause Why Petition Should Not Be Dismissed for Lack of Jurisdiction Due to Failure to State Cognizable Claim (“OSC”). The Court explained that petitioner’s claims were ones of state 28 sentencing law error, which are not cognizable on federal habeas review. Petitioner filed a response to the OSC on November 10, 2021. For the reasons discussed below, petitioner’s claims are not cognizable on federal habeas review. The Court consequently dismisses the Petition with prejudice. II. BACKGROUND On June 23, 1989, a jury convicted petitioner of first degree robbery and first…