Nguyen

I. BACKGROUND

25 In Contra Costa County Superior Court, a jury found Petitioner guilty of first degree murder, conspiracy to commit murder, shooting a firearm from a motor vehicle, conspiracy motor vehicle. Dkt. No. 14 at 10 (Ex. 1)1. The convictions were based on two gang- related drive-by shootings, one of them fatal. Id. The jury also found that the murder, conspiracy, and shooting from a motor vehicle offenses were committed to benefit a street gang; that a principal in those offenses used a firearm resulting in the death of the victim; and that Petitioner intentionally used a firearm when shooting at an occupied vehicle. Id. The trial court sentenced Petitioner to 73 years to life in state prison. Id. On September 5, 2013, the California Court of Appeal struck the firearm enhancement imposed for shooting at an occupied vehicle, remanded the matter to the trial court for resentencing, and affirmed the judgment in all other respects on direct appeal. Id. at 26. On December 11, 2013, the California Supreme Court denied a petition for review. Id. at 28 (Ex. 2). On March 30, 2016, the California…