Angelea

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KHIEM TRAN No. 2:18-cv-3000 KJM DB Petitioner, v. FINDINGS AND RECOMMENDATIONS HUNTER ANGELEA, Respondent. 16 Petitioner Khiem Thuong Tran, a state prisoner, proceeds pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner was convicted of second degree murder entered on January 15, 2016 in the Sacramento County Superior Court. (ECF No. 18-1 at 181-82.) He now challenges that conviction by arguing that the trial court’s failure to sua sponte modify the voluntary intoxication jury instruction was prejudicial. For the reasons set forth below, this court recommends denying the petition. BACKGROUND Facts Established at Trial The California Court of Appeal for the Third Appellate District provided the following summary of the facts presented at trial: Defendant killed his wife by stabbing her eight times. That night, defendant and his…