(HC)Lucero

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUDOLPH LUCERO, Case No. 1:19-cv-00829-AWI-JDP Petitioner, FINDINGS AND RECOMMENDATION

THAT COURT DISMISS PETITION FOR

v. WRIT OF HABEAS CORPUS AT

SCREENING

G. PUENTES, ECF No. 1 Respondent. 16 Petitioner Rudolph Lucero, a federal prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. On November 23, 1998, petitioner was convicted of drug possession with intent to distribute and use of a firearm in relation to drug trafficking. See ECF No. 1 at 13. Petitioner was sentenced to 365 months on the drug charge and 60 months on the firearm charge. The sentencing judge determined that the terms of incarceration would be served consecutively, for a total of 425 months—over 35 years. Petitioner has served more than 21 years of his sentence. See ECF No. 1 at 19. In his habeas petition, he argues (1) that the evidence at trial was insufficient for his conviction on the use of a…