Joaquin Fernandez v. James Hartley

FILED NOT FOR PUBLICATION AUG 11 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOAQUIN LESO FERNANDEZ, No. 10-56012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