(HC)Oscar L Flores v. Neil McDawell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

OSCAR L. FLORES, ) Case No.: 1:21-cv-00054-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) NEIL MCDAWELL, ) [THIRTY-DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner is currently serving a sentence of eighteen years, after nolo contendere pleas to driving under the influence causing bodily injury, firearm possession by a felon, and failure to appear, with a prior robbery conviction. He filed the instant habeas petition challenging the conviction and sentence. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY Per a bargain, Petitioner pled to driving under the influence causing bodily injury (no. 1474083) and felon possession of a firearm (no. 1491980), with a prior strike, for a reduced term if he appeared for sentencing as ordered, but…