Billy Basaldua v. George Jaime

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

BILLY BASALDUA, Case No. 5:20-cv-01156-SVW-KES

Petitioner,

ORDER TO SHOW CAUSE WHY

v.

PETITION SHOULD NOT BE

GEORGE JAIME, Warden, DISMISSED AS UNTIMELY

Respondent.

I.

BACKGROUND

In June 2020, the Court received from Billy Basaldua (“Petitioner”) a

Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (Dkt. 1 [“Petition”].) In 2017, Petitioner pled guilty and was convicted of conspiracy to commit a felony with a firearm. (Id. at 2.) He challenges his 10-year sentence, which included both a five-year gang enhancement and one-year prison prior enhancement under California law, as an “unauthorized sentence” based on “insufficient evidence.” (Id. at 5, 18.) Petitioner does not seek to set aside his guilty plea. (Id. at 13.) Rather, he asks the Court to “apply its judicial discretion and remove the gang…