Botello

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAY BOTELLO, Case No. 19-cv-06761-EMC

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

R. NEUSCHMID, Respondent.

12 13 I. INTRODUCTION Ray Botello filed this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which he claims that the state court’s failure to resentence him to give him the benefit of a change in sentencing laws passed several years after his conviction violated his federal constitutional right to equal protection of the laws. For the reasons discussed below, the petition is denied. II. BACKGROUND On September 26, 2013, Mr. Botello pled nolo contendere in Santa Clara County Superior Court to robbery with a “gun enhancement and gang enhancement,” and was sentenced to a term of sixteen years, 4 months in state prison. Docket No. 4 at 1. (The parties provide no information about the facts of the crime that led to…