FILED
NOT FOR PUBLICATION AUG 11 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOAQUIN LESO FERNANDEZ, No. 10-56012
Petitioner - Appellant, D.C. No. 5:07-cv-01665-DDP-
RNB
v.
JAMES A. HARTLEY, MEMORANDUM *
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted August 2, 2011 **
Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges.
California state prisoner Joaquin Leso Fernandez appeals pro se from the
district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction under 28 U.S.C. § 2253, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Fernandez contends that there was insufficient evidence to sustain his
conviction of second degree murder as the natural and probable consequence of the
assault on the victim. We conclude that the state court’s decision rejecting this
claim was not contrary to or an unreasonable application of clearly established
federal law. See 28 U.S.C. § 2254(d); see also Jackson v. Virginia, 443 U.S. 307,
319 (1979).
AFFIRMED.
2 10-56012