Kelvin Felton v. John Marshall

FILED NOT FOR PUBLICATION DEC 22 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT KELVIN FELTON, No. 10-56687 Petitioner - Appellant, D.C. No. 3:09-cv-00732-JM v. MEMORANDUM * JOHN MARSHALL and EDMUND G. BROWN, Jr., Respondents - Appellees. Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding Submitted December 19, 2011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges. California state prisoner Kevin Felton 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. Appellant. P. 34(a)(2). Felton contends that there was insufficient evidence to support his conviction for making a criminal threat. 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). We construe Felton’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion 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. 2 10-56687