Lozano

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ENRIQUE TORRES, No. 2:18-cv-3136 MCE KJN P 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 PAUL LOZANO, 15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2015 conviction for first 20 degree burglary. Petitioner claims his due process rights were violated by a jury instruction that 21 permitted the jury to consider the witness’ level of certainty in evaluating eyewitness 22 identification, and that there was insufficient evidence that the house was inhabited. After careful 23 review of the record, this court concludes that the petition should be denied. 24 II. Procedural History 25 On September 17, 2015 a jury found petitioner guilty of first degree burglary. (ECF Nos. 26 13-1; 21-1 at 113.) In a bifurcated proceeding, the trial court found petitioner previously 27 sustained a serious…