Chris Menefee v. Felker

368 F. App'x 810

Opinion

MEMORANDUM **

California state prisoner Chris C. Mene-fee appeals from the district court’s order denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Menefee contends that there was insufficient evidence to support the jury’s finding that he committed the offense “with the specific intent to promote, further, or assist in any criminal conduct by gang members” under California Penal Code section 186.22(b)(1). The record reflects that the state court’s rejection of this claim was neither contrary to, nor involved an unreasonable application of, clearly established federal law. See 28 U.S.C. § 2254(d)(1); see also Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

Menefee’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.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.