Asuncion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LUIS MONTENEGRO, Case No. 1:18-cv-01647-DAD-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

v. FOR WRIT OF HABEAS CORPUS

DEBBIE ASUNCION, Respondent.

15 Petitioner Luis Montenegro is a state prisoner, represented by counsel, proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the petition, Petitioner asserts that he was denied his Sixth and Fourteenth Amendment rights when the trial court admitted testimonial hearsay by the gang expert. For the reasons discussed herein, the undersigned recommends denial of the petition for writ of habeas corpus. I. BACKGROUND On November 26, 2014, Petitioner was convicted by a jury in the Kern County Superior Court of attempted possession of a controlled substance (lesser-included offense of count 1), participation in a street gang (count 3), possession of methamphetamine for sale (count 4), and 26…