(HC)Kakowski

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN KAKOWSKI, No. 2:20-cv-00549 KJM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS MARCUS POLLARD, WARDEN Respondent.

17 Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). Petitioner was convicted of robbery and because of his previous criminal record, he was sentenced to 25 years to life with three consecutive five-year term enhancements on account of the prior convictions. As petitioner was still serving a 16-year sentence on another conviction, the sentence in this case was imposed consecutively with the 16-year sentence. Neither party contests that the sentence here, when considered in tandem with the 16-year sentence, is equivalent to life without the possibility of parole given…