Asuncion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN XIONG, No. 2:18-cv-00373 TLN KJN Petitioner, v. FINDINGS & RECOMMENDATIONS P. ASUNCION, Warden, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2015 convictions for second degree robbery with personal discharge of a firearm and felon in possession of a firearm. He was sentenced to thirty-six years and four months in state prison. Petitioner claims as follows: (1) appellate counsel rendered ineffective assistance by filing a Wende brief in petitioner’s direct appeal; (2) trial counsel rendered ineffective assistance by failing to argue a statutory prohibition for the imposition of separate sentences for being a felon in possession of a firearm and discharging a firearm during a robbery; (3) the trial court erred in imposing sentences for being a felon in…