Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 BRANDON CARL SUTTER, No. 1:19-cv-01091-DAD-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS J. GASTELO, Warden, [THIRTY DAY OBJECTION DEADLINE] Respondent. 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently serving a life sentence for his conviction of attempted murder with a firearm. He has filed the instant habeas action challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On December 18, 2017, in Fresno County Superior Court, a jury found Petitioner guilty of first degree attempted murder (Cal. Penal Code §§ 664/187(a)), possession of a firearm by a felon (Cal. Penal Code § 29800(a)(1)), and attendant enhancements (Cal. Penal Code §§ 12022.53(d); 12022.5(a);…