Pfeiffer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NISAIAH PERRY, No. 2:19-cv-01666-TLN-CKD 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 CHRISTIAN PFEIFFER, 15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his March 9, 2010 conviction 20 for possession of marijuana in prison. Petitioner was sentenced to two years in state prison, 21 consecutive to the term he was already serving. Petitioner claims that (1) he was convicted under 22 an unconstitutional statute, which failed to give him notice that a conviction for possession of 23 marijuana was not covered by Proposition 64, and (2) he was denied his constitutional right to a 24 hearing and right to counsel at a Proposition 64 hearing. After careful review of the record, this 25 Court concludes that the petition should be denied. 26 II. Procedural History 27 Petitioner pled no contest to a…