Robertson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DE’SHAWN DEKKERIO DEAN, No. 2:18-cv-01287 TLN GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS J. ROBERTSON, 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). Petitioner is convinced that the state courts erred in finding his sentence correctly imposed due to his belief that the upper term (six years) was imposed without sufficient aggravating circumstances. ECF No. 29 (First Amended Petition; Claim 1). He may also be contending that the upper term was imposed without an appropriate jury finding. After a stay granted by this court pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003),1 petitioner added an ineffective ////

1 Overruled on other grounds, Robbins v. Carey, 481…