Marco Antonio Saucedo v. James Robertson

I. BACKGROUND

18 On May 1, 2019, the Court received a Petition for Writ of Habeas Corpus by a 19 Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 from Marco 20 Antonio Saucedo (“Petitioner”). Petitioner seeks habeas relief from his current state 21 custody, which arises from his 2013 conviction in Riverside County Superior Court 22 for vehicular manslaughter while intoxicated. Pet. at 1, Dkt. No. 1. The Petition

1 The Petition states that Petitioner was convicted in 2011. Pet. at 1. However, an examination of the state court records shows that the trial court entered judgment in 25 2013. See https://appellatecases.courtinfo.ca.gov/search/case/trialCourt.cfm? dist=42&doc_id=2060396&doc_no=E059903&request_token=NiIwLSIkTkw3W1 BFSCNNWE1IMDw6UlxbJiBOIzpTQCAgCg%3D%3D. The Court takes judicial 27 notice of the state records and as well as the records of this Court and those of the Court of Appeals for the Ninth Circuit, as necessary herein. See Fed. R. Evid. raises a single ground for relief, namely that the trial court erred in instructing the jury on the elements of manslaughter. Pet. at 6. The records of this Court…