Soto

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUPREE PIERRE BARBER, No. 2:16-cv-0379 TLN AC Petitioner, v. FINDINGS AND RECOMMENDATIONS J. SOTO, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2013 conviction for first degree murder and related offenses. ECF No. 1. Respondent has answered, ECF No. 13, and petitioner has filed a reply, ECF No. 17. BACKGROUND I. Proceedings In the Trial Court A. Preliminary Proceedings Petitioner was charged in Sacramento County Superior Court with (1) first degree murder with two special circumstances (lying-in-wait and shooting from a car), (2) shooting at an occupied car, and (3) firearm possession by a felon. Firearm enhancements were also alleged as to Counts One and Two. //// A pretrial suppression motion challenged the search of…