Hedgeth

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 XAVIER TAVARES HARRIS, Case No. 1:19-cv-00689-JDP (HC) Petitioner, ORDER DENYING PETITION FOR WRIT

OF HABEAS CORPUS AND DECLINING TO

v. ISSUE A CERTIFICATE OF

APPEALABILITY

ANTHONY HEDGETH, ECF No. 1 Respondent. 16 Petitioner Xavier Tavares Harris, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner claims that the evidence presented at trial was insufficient to support his gang sentencing enhancement. ECF No. 1 at 5. For the reasons stated below, the court will deny petitioner relief. I. Background In 2015, a jury sitting in Kern County Superior Court convicted petitioner of gang-related unlawful possession of a firearm, and second-degree robbery with the personal use of a firearm and for the benefit of a criminal street gang. ECF No. 9 at 2. Petitioner was sentenced to twenty- three years in state prison. Id. We set forth below the facts of…