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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWIN PINEDA BARRIENTOS, No. 2:20-cv-2234-TLN-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROSEMARY NDHO, Warden, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges his 2017 convictions for violating California Penal Code § 288.7(a), sexual intercourse and sodomy of a child under 10 years of age. ECF No. 1 at 1; ECF No. 1-1 at 1. Petitioner alleges that (1) his conviction was based on insufficient evidence; (2) the trial court erroneously admitted a statement made by the victim; and (3) the prosecutor committed misconduct by misstating evidence two times. Id. at 5-10. For the reasons that follow, the petition must be denied. ///// ///// ///// ///// ///// I. Background The facts, as relayed by the California Court of Appeal1, are:

In 2016, the time of crimes, Y.P. (the…