Kibler

(HC) Larshin v. Kibler

Good Law
United States District Court, Eastern District of CaliforniaAugust 10, 20232:21-cv-00122California7,745 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREY LARSHIN, No. 2:21-cv-00122-DJC-KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS B. KIBLER, Respondent. 16 I. Introduction Petitioner Andrey Larshin is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2005 conviction for robbery, assault with a firearm, extortion, extortion by threat, and making criminal threats, with personal firearm enhancements. Petitioner was sentenced to a determinate term of 29 years, four months in state prison. Petitioner claims that: (1) his sentence is unconstitutional; and (2) he received ineffective assistance of counsel. After careful review of the record, this Court concludes that the petition should be denied. II. Procedural History On August 22, 2005, a jury found petitioner guilty of robbery, assault with a firearm, extortion, extortion by threat, and making…

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