Guzman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HERBERT A. ALVAREZ, No. 2:23-cv-00421 DAD DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS F. GUZMAN, Warden, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner claims his conviction was not supported by sufficient evidence. Petitioner alleges he is entitled to relief because; (1) improper evidence was admitted at trial resulting in an unfair trial, (2) prosecutor’s statements at trial were improper resulting in misconduct and an unfair trial, (3) the state court’s failure to instruct the jury regarding gang members possessing firearms resulted in an unfair trial, and (4) petitioner’s ability to cross examine two witnesses was limited resulting in an unfair trial. Petitioner asserts that his claims show a violation of his rights under the Sixth and Fourteenth Amendments. (ECF No. 1.) Presently before the court is respondent’s motion…