Moore

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH MICHAEL FINOCCHIO, No. 2:22-cv-1604 DJC KJN P 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 S. MOORE, Warden, 15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2020 conviction for 20 attempted murder and several gun use enhancements. Petitioner was sentenced to 29 years in 21 state prison. 22 Petitioner claims that the admission of the victim’s preliminary hearing testimony and 23 statements to the police violated his right to confrontation. After careful review of the record, this 24 court concludes that the petition should be denied. 25 II. Procedural History 26 On January 22, 2020, a jury found petitioner guilty of attempted murder and found several 27 gun use enhancements to be true. (ECF No. 26-1 at 120-22.) The trial court also found that 28 petitioner had a prior strike…