Brett Walker v. D. Asunicon

Good Law
United States District Court, Central District of CaliforniaDecember 17, 20192:18-cv-07016California2,282 words

Opinion

trial_court Opinion

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6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 BRETT WALKER, Case No. CV 18-07016-SHK 12 Petitioner, 13

ORDER DISMISSING PETITION

v. 14 FOR WRIT OF HABEAS CORPUS

D. ASUNICON,

15 Respondent. 16

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18 On August 6, 2018, Petitioner Brett Walker (“Petitioner”), proceeding pro 19 se, signed and subsequently filed a Petition for Writ of Habeas Corpus (“Pet.” or 20 “Petition”) pursuant to 28 U.S.C. § 2254, challenging his 2014 conviction of 21 robbery with a gun enhancement. Electronic Case Filing Number (“ECF No.”) 1. 22 Both parties have consented to proceed before a United States Magistrate Judge. 23 ECF Nos. 2, 14. 24 In the Petition, Petitioner alleges two sentencing error claims. Because 25 neither of Petitioner’s claims is cognizable on federal habeas review and because 26 they also fail on the merits, the Court DENIES the claims and DISMISSES the 27 1 I. PROCEDURAL HISTORY 2 A. State Proceedings 3 On May 1, 2014, Petitioner pleaded no contest to one count of robbery and 4 admitted a related firearm allegation in…

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