Jones

I. BACKGROUND

22 The R&R thoroughly details the case’s factual background as recounted by the state 23 appellate court and the procedural history. (Doc. No. 11 at 2–6.) In sum, Petitioner and 24 another defendant placed an ad on Craigslist to sell a computer, met the buyer, and robbed 25 him. The victim gave chase but gave up after Defendants threatened to kill him. A second, 26 similar robbery took place days later with new victims in which Defendants took cash and 27 two cell phones. After the second robbery, Defendants went to a house where their 28 girlfriends lived but left shortly thereafter. In the meantime, as the second robbery victims were driving to the police station, they noticed Defendants driving in the car and followed it. The two cars ended up in a cul-de-sac, and when Defendants drove by the victims to leave, they shot into the car and struck one victim in the chest, who later died. Defendants attempted to flee but were eventually caught, charged, and convicted of first-degree murder and other crimes. (Id. at 2–4.) Petitioner was not the person who discharged the gun, but the Defendant who did alleges it was inadvertently…