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Sison v. Small

November 18, 2010

JEFFERSON SISON, PLAINTIFF,
v.
LARRY SMALL, DEFENDANT.



The opinion of the court was delivered by: Hon. Roger T. Benitez United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PETITION FOR WRIT OF HABEAS CORPUS

I. INTRODUCTION

Before this Court is Jefferson Sison's petition for a writ of habeas corpus under 28 U.S.C. § 2254. On December 30, 2009, Magistrate Judge Gallo filed a Report and Recommendation, recommending that the Petition be denied. Petitioner filed Objections to the Report and Recommendation. After reviewing the Report and Recommendation and Petitioner's Objections, the Court ADOPTS the Report and Recommendation and DENIES the Petition.

II. FACTS

A summary of the facts follows:*fn1

1. Arnquist Carjacking

On December 28, 2004 Steven Arnquist drove a Honda Civic to a Spring Valley, California shopping center. While stopped at an automated teller machine, Arnquist was seated in the driver's seat preparing to sign a check for deposit while Taniesha Taylor, Arnquists's passenger, stood outside the car next to him.

Suddenly, two men ran up to Arnquist and Taylor and attempted to steal the Honda. One man hit Arnquist with a gun, while the other grabbed Taylor's hair, held a gun to her head, pulled her to the back of the car and ordered her to get in the trunk. Only after a witness began honking his car horn and flashing his headlights was Taylor released. The assailants took the car, leaving the victims behind.

2. King Attempted Carjacking

On the evening of March 4, 2004, Robbie Martin (Petitioner's co-defendant at trial) arranged to meet with Benjamin King, from whom he was purchasing anabolic steroids. Sitting in his vehicle with the motor running, King saw two men approach from the rear. One man, whom King later identified as Martin, walked up to the passenger side of the vehicle and knocked on the window. The man stepped back, pulled a bandana over his face, opened the truck, stuck a gun in King's face and ordered King to get out of the car.

At the same time, the other man, whom King later identified as Petitioner, opened the driver's side door and pistol-whipped King. King released the emergency brake and floored the gas pedal. As the vehicle began to move, Martin fired a shot at King. The bullet hit the post behind King's head, and shrapnel struck King in the shoulder. Then Petitioner fired a shot at King, but missed. King drove away.

3. Luna Murder

On April 8, 2004, Francisco Luna had told his cousin that he was going to look at a gun he wanted to buy. Late that night Luna, Petitioner, Martin, and Thomas Di Francesco, drove to the international border in south San Diego, California to test-fire a gun Luna was interested in buying. The foursome walked down a flight of stairs that led to an unpaved road along a river bed. After about 20 yards, Martin left the group and walked up an embankment. Petitioner walked into some bushes. Martin suddenly turned and fired a gun at Luna. As Luna turned to run, Martin shot him in the back. Luna continued running. Martin chased Luna while continuing to fire shots.

Petitioner came out of the bushes and also started chasing Luna. Later, Martin and Petitioner returned to where Di Francesco was standing and the ...


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