Peery
(HC) Abuanbar v. Peery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY LEWIS ABUANAR, Case No. 2:21-cv-00347-KJM-JDP (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS S. PEERY, Respondent. 16 Petitioner Anthony Lewis Abuanar seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 2. He alleges that: (1) the evidence was insufficient to sustain his conviction for gross vehicular manslaughter; (2) the trial court erred in denying his motion to suppress evidence from a blood draw because the warrant lacked probable cause; (3) the abstract of judgment is incorrect because gross vehicular manslaughter while intoxicated is not a violent felony; and (4) he has an unknown claim that he has not been able to raise because he lacks access to the law library. Respondent has answered the petition, ECF No. 17, and petitioner has declined to file a traverse. For the reasons stated below, I recommend that the petition be denied. Background I have reviewed the…