Frando

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DANIEL FRANDO, Case No.: 21-cv-01434-JLS-KSC

Petitioner,

REPORT AND

v. RECOMMENDATION FOR

ORDER DENYING PETITION

BILL GORE, et al.,

FOR HABEAS CORPUS

Respondents.

16 [Doc. No. 1] 17 On August 11, 2021, petitioner Daniel Frando (“Frando” or “petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in the San Diego Superior Court for transportation of a controlled substance, cocaine, for sale (the “Petition” or “Pet.”). Doc. No. 1. The Petition raises four grounds for relief: (1) that the Border Patrol’s detention of petitioner was not based on “particularized facts” as is necessary for reasonable suspicion under the Fourth Amendment, and as such the trial court’s denial of petitioner’s motion to suppress evidence gathered during this stop was error; (2) that there was insufficient evidence to support 26 …