Pickett

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD LEE HENDERSON, No. 2:20-cv-01345 TLN GGH P Petitioner, v. FINDINGS AND RECOMMENDATION J. PICKETT, Warden, Respondent. 16 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). During his criminal proceedings, petitioner entered into a plea-bargained sentence of twenty years. In his federal habeas petition, petitioner raises a state law sentencing claim(s)1 and a Cunningham v. California, 549 U.S. 270 (2007) claim. Nevertheless, a final determination on

Claims alleging violation of state sentencing laws are not cognizable federal claims in federal habeas corpus actions. Estelle v. McGuire, 502 U.S. 62, 67,68 (1991). A claim challenging a trial court’s imposition of upper terms based on facts…