McNeely

INTRODUCTION

12 Petitioner, a California prisoner, filed this pro se petition for a writ of habeas corpus 13 pursuant to 28 U.S.C. § 2254, which he subsequently amended to include previously 14 unexhausted claims. Respondent was ordered to show cause why the amended petition (ECF 15 No. 14) should not be granted. Respondent filed an answer with a supporting memorandum and 16 exhibits, and petitioner filed a traverse. For the reasons discussed below, the amended petition 17 is DENIED.

STATEMENT

I. PROCEDURAL BACKGROUND

20 In 2015, a jury in Alameda County Superior Court found petitioner and his co-defendant 21 Donel Poston guilty of murder of Lionel Fluker, attempted murder of each other, and possession 22 of a firearm by a felon. The jury also found allegations were true that both defendants used a 23 firearm that caused great bodily injury or death when committing the murder and attempted 24 murder. The trial court sentenced petitioner and Poston to terms of 72 years to life in state 25 prison. On appeal, the California Court of Appeal affirmed the judgment, and the California 26 Supreme Court denied review. Petitioner filed an unsuccessful motion in the…