Christopher Glasgow v. Clark Ducart

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 16, 2019
• Docket: 19-55606
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 16 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

CHRISTOPHER N. GLASGOW, No. 19-55606

Petitioner-Appellant, D.C. No. 2:14-cv-09606-SVW- FFM v.

CLARK E. DUCART, Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Submitted December 11, 2019**

Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.

California state prisoner Christopher N. Glasgow appeals pro se from the

district court’s judgment dismissing his 28 U.S.C. § 2254 habeas corpus petition.

We have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, see Smith v.

Ryan, 823 F.3d 1270, 1278 (9th Cir. 2016), we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Glasgow contends that there was insufficient evidence to support one of his

convictions for transportation and sale of cocaine base. Viewed in the light most

favorable to the prosecution, the evidence underlying this count could enable a

rational trier of fact to find the essential elements of the crime beyond a reasonable

doubt. See Jones v. Wood, 207 F.3d 557, 563 (9th Cir. 2000). The state court’s

rejection of this claim, therefore, was neither contrary to, nor an unreasonable

application of, Jackson v. Virginia, 443 U.S. 307 (1979). See 28 U.S.C.

§ 2254(d)(1).

The motion to expand the certificate of appealability is denied. See Hiivala

v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).

AFFIRMED.

2 19-55606