Kenneth Graham v. L.J. Milusnic
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
KENNETH GRAHAM, Case No. CV 19-9806-DOC (GJS) Petitioner
ORDER DISMISSING PETITION
v. WITHOUT PREJUDICE
L.J. MILUSNIC, Respondent.
17 Kenneth Graham (“Graham”) is a federal prisoner incarcerated within this district. He filed a putative 28 U.S.C. § 2241 petition on November 15, 2019 (“Petition”) that raises four claims. Ground One challenges the validity of the indictment, arguing that while Graham was convicted as an aider and abettor, the indictment “did not have a principle [sic]” and, further, that the jury was not instructed on aiding and abetting bases for criminal liability. Ground Two alleges that Petitioner’s trial counsel provided ineffective assistance by failing to call alibi witnesses, cross-examine “known drug addicts,” share witness statements with Petitioner, negotiate a plea bargain, check on a DNA warrant that had not been signed by a judge, argue “duel [sic] prosecution,” and make any motions on Petitioner’s behalf. Ground…