Carlos A. Velasco v. G. Jaime

BACKGROUND

24 The Court has carefully reviewed the Petition and the relevant state court 25

Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts provides that a petition for writ of habeas corpus “must” be summarily dismissed “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the 1 This case stems from a 2018 California conviction and sentence following a jury trial. Petitioner was convicted of assault with a deadly weapon in Los Angeles County Superior Court Case No. LA087550 and was sentenced to five years in state prison on July 25, 2018. [Petition at 2.] Petitioner appealed (California Court of Appeal Case No. B292716). His appellate counsel filed a Wende brief on January 11, 2019, and Petitioner voluntarily dismissed his appeal on February 11, 2019. Several months later, on June 3, 2019, Petitioner filed a habeas petition in the trial court. He alleges that he raised therein the three claims alleged in the instant Petition. The trial court petition was denied on or about July 25, 2019. Petitioner…