Henry v. Harrison

FILED NOT FOR PUBLICATION JAN 26 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RICARDO HENRY, No. 07-55684 Petitioner - Appellant, D.C. No. CV-05-03258-FMC v. MEMORANDUM * C. M. HARRISON, Warden, Respondent - Appellee. Appeal from the United States District Court for the Central District of California Florence-Marie Cooper, District Judge, Presiding Submitted January 11, 2010 ** Before: BEEZER, TROTT, and BYBEE, Circuit Judges. California state prisoner Ricardo Henry appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 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). AH/Research Henry contends that his due process right to a fair trial was violated because there was insufficient evidence to support the convictions for first degree robbery, first degree burglary, and attempted murder. The district court properly determined that the California Court of Appeal did not unreasonably apply Jackson v. Virginia, 443 U.S. 307 (1979) in determining that, taking the evidence in the light most favorable to the prosecution, a rational factfinder could have found the essential elements of his convictions beyond a reasonable doubt. See 28 U.S.C. § 2254(d); see also Juan H. v. Allen, 408 F.3d 1262, 1275 (9th Cir. 2005). Henry’s motion to expand the certificate of appealability is denied. See 9th Cir. R. 22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam). AFFIRMED. AH/Research 07-55684