Botello v. Neuschmid

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RAY BOTELLO, Case No. 19-cv-06761-EMC 8 Petitioner, ORDER DENYING PETITION FOR 9 v. WRIT OF HABEAS CORPUS 10 R. NEUSCHMID, 11 Respondent. 12 13 14 I. INTRODUCTION 15 Ray Botello filed this action for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

in 16 which he claims that the state court’s failure to resentence him to give him the benefit of a change 17 in sentencing laws passed several years after his conviction violated his federal constitutional right 18 to equal protection of the laws. For the reasons…