Pfeiffer

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 ANTHONY A. SANCHEZ, Case No. 1:23-cv-01767-KES-SAB-HC

12 Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

13 v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

14 CHRISTIAN PFEIFFER, (ECF No. 16) 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 July 25, 2016, Petitioner was convicted in the Kern County Superior Court of 22 attempted murder, active participation in a criminal street gang, and being a felon in possession 23 of a firearm. On August 22, 2016, Petitioner was sentenced to an imprisonment term of 105 24 years to life plus forty-six years. (LDs1 1, 2.) On December 20, 2019, the California Court of 25 Appeal, Fifth Appellate District, remanded the matter to the trial court to exercise its discretion 26 under California Penal Code sections 12022.53(h), 667(a),…