Muniz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC ARGUELLO, Case No. 1:18-cv-00383-DAD-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION FOR WRIT OF HABEAS

v. CORPUS AND TO DECLINE TO ISSUE A

CERTIFICATE OF APPEALABILITY

W. L. MUNIZ, ECF No. 22 Respondent. 16 Petitioner Eric Arguello, a state prisoner represented by counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 22. Petitioner claims that: (1) there was insufficient evidence to support his conviction of attempted murder of a police officer; (2) the trial court’s instructions erroneously precluded the jury from finding self-defense or defense-of-others; (3) the trial court gave a flawed instruction on withdrawal from a criminal enterprise; (4) his right to confront and cross-examine witnesses was violated; and (5) the cumulative effect of trial errors rendered his trial unfair. See id. at 7-8. Respondent argues that some of petitioner’s claims assert only state-law…