Asuncion
(HC) Basped v. Asuncion
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN P. BASPED, No. 2:20-cv-2513 AC P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
DEBBIE ASUNCION, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and an application to proceed in forma pauperis. I. Application to Proceed In Forma Pauperis Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. ECF Nos. 9, 10. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). II. Background In August 2012, petitioner pled no contest to a charge of second-degree robbery with a gun enhancement, and received a fifteen-year sentence. ECF No. 1 at 2. Petitioner challenges his conviction on the ground that he is eligible to have his gun enhancement struck under Senate Bill (SB) 620 and Assembly Bill (AB)…