Hammond

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RICHARD GIDEON HAMMOND, Case No.: 20-cv-00261-BAS (DEB)

Petitioner,

REPORT AND

v. RECOMMENDATION ON

PETITION FOR WRIT OF HABEAS

JOSIE GASTELO, et al.,

CORPUS

Respondents. 16 This Report and Recommendation is submitted to United States District Judge Cynthia A. Bashant pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.1(d)(4) and HC.2(a). Petitioner Richard Gideon Hammond, proceeding pro se, filed a Petition for a Writ of Habeas Corpus pursuant to U.S.C. § 2254 (“Petition”) challenging his February 21, 2018 conviction and sentence in San Diego Superior Court Case No. SCS280604. Dkt. No. 1. Petitioner raises two grounds for relief: (1) “the trial court improperly and prejudicially admitted the results of the warrantless draw of [Petitioner’s] blood”; and (2) “the trial court relied on improper factors in imposing the upper term” for sentencing. Id. at 6–7. On March…