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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN GONZALEZ, No. 2:14-cv-01397-TLN-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS DAVID BAUGHMAN, Respondent. 16 Petitioner is a former state prisoner proceeding through counsel in this federal habeas corpus action filed pursuant to 28 U.S.C. § 2254. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. I. Factual and Procedural History Petitioner challenges his first-degree murder conviction following a jury trial in the Sacramento Superior Court that included separate criminal street gang and vicarious firearm enhancements. ECF No. 1 at 6. On November 18, 2011, he was sentenced to 25-years-to-life for murder with a consecutive 25-year-to-life term for the firearm enhancement. ECF No. 1 at 6. The California Supreme Court denied his petition for review on direct appeal on March 13, 2013. Id. //// 28 Petitioner filed his original federal…