Daniel Valenzuela v. Christian Pfeiffer

Good Law
United States District Court, Central District of CaliforniaSeptember 11, 20192:19-cv-05234California574 words

Opinion

Trial Court Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:19-cv-05234-JAK (SK) Date September 11, 2019 Title Daniel Valenzuela v. Christian Pfeiffer

Present: The Honorable Steve Kim, U.S. Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

On March 11, 2019, Petitioner constructively filed a petition under 28 U.S.C. § 2254, challenging his May 2012 state conviction and sentence for attempted murder with the use of a firearm. (ECF 1, 9). After Petitioner pled nolo contendere to the crime, he was sentenced to prison for 15 years, which included five years for the substantive offense and an additional 10 years for the firearm enhancement under California state law. (ECF 9 at 2). Petitioner argues, without elaboration, that his sentencing enhancement was somehow unlawful. (ECF 9 at 5). But a federal habeas court has no power or basis to grant relief on that claim for three reasons.

First, it presents a question of…

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