(HC)Canderlario Vargas v. James Robertson

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 CANDELARIO VARGAS, Case No. 1:21-cv-00655-NODJ-SAB-HC

12 Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

13 v. FOR WRIT OF HABEAS CORPUS

14 JAMES ROBERTSON,

15 Respondent.

16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 I. 20 BACKGROUND 21 On November 15, 2013, Petitioner was convicted in the Tulare County Superior Court of 22 assault with a firearm. On February 20, 2014, Petitioner was sentenced to an imprisonment term 23 of two years for assault with a firearm plus a ten-year enhancement under California Penal Code 24 section 186.22(b)(1)(C) and a three-year enhancement under California Penal Code section 25 12022.7, for a total imprisonment term of fifteen years. (LD1 1.) Petitioner did not appeal the 26 judgment. (ECF No. 12 at 1.2) 27 1 “LD” refers to the documents lodged by Respondent on June 28 and September…