Daniel Chestang v. D. Sisto

MEMORANDUM ***

In 1993, Petitioner-Appellant Daniel K. Chestang pleaded guilty to the first-degree murder of Marlena Brooks and Sydney Newman in Sacramento, California. In 1994, he was sentenced to 60 years to life. Chestang argues that a 1993 psychological report and a 2004 declaration from his co-defendant confessing to the murders establish his actual innocence, thereby making his 2007 federal habeas petition timely under McQuiggin v. Perkins, 569 U.S. -, 133 S.Ct. 1924, 185 L.Ed.2d 1019 (2013) and Lee v. Lampert, 653 F.3d 929 (9th Cir.2011) (en banc). We have jurisdiction over this appeal…