Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DESHAWN ROBERTS, Case No. 1:20-cv-01206-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION FOR WRIT OF HABEAS

v. CORPUS AND TO DECLINE TO ISSUE A

CERTIFICATE OF APPEALABILITY1

JOSIE GASTELO,

FOURTEEN-DAY OBJECTION PERIOD

Respondent. (Doc. No. 1) 16 Petitioner Deshawn Roberts, a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). The Petition raises one ground for relief: whether the trial court erred when it exercised its discretion and declined to strike the vicarious gun-use enhancement under California Penal Code § 12022.53(h). (See generally id.). For the reasons set forth below, the undersigned recommends that the district court deny Petitioner any relief on his Petition and decline to issue a certificate of appealability. I. BACKGROUND A. Procedural History Roberts initiated…