Gamboa

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY BUCHANAN, No. 2:23-cv-2731 DJC AC P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 MARTIN GAMBOA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss. ECF No. 10. 19 I. Background 20 A. State Trial Proceedings 21 Petitioner was convicted by a jury in El Dorado County Superior Court of one count of 22 continuous sexual abuse of a minor under fourteen (Cal. Penal Code § 288.5(a)) and seven counts 23 of lewd acts upon a child (Cal. Penal Code § 288 (a)). ECF No. 1 at 1-2. He was sentenced to a 24 prison term of sixteen years. Id. at 1. 25 B. State Post-Conviction Proceedings 26 Petitioner appealed his conviction and sentence to the California Third District Court of 27 Appeal (C095188), alleging numerous errors at trial in violation of his constitutional rights, as 28 …