Spearman

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAM PEREZ, No. 2:19-CV-1223-KJM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. M.ELIOT SPEARMAN, Respondent. 16 Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court are Petitioner’s petition for a writ of habeas corpus, ECF No. 1, and Respondent’s answer, ECF No. 28. Petitioner did not file a traverse. Respondent has lodged the state court record, ECF No. 27. Petitioner asserts four claims: (1) there was insufficient evidence to support the jury’s true finding on the gang enhancement; (2) he was denied the opportunity to properly cross- examine a witness that invoked the Fifth Amendment privilege; (3) two jury instructions were erroneous; and (4) he received ineffective assistance of counsel. The most recent reasoned decision on the matter is from the California Court of Appeal. Having reviewed the…