Hancock v. Attorney General of California

368 F. App'x 777

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 1, 2010
• Docket: 07-17060
• Status: Unpublished

Opinion

MEMORANDUM **

California state prisoner Joseph Gideon Hancock appeals pro se 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.

Hancock contends that there was insufficient evidence to support his conviction for assault with a firearm. 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).

Hancock next contends that the jury instructions improperly lowered the prosecution’s burden of proof. The “context of the overall charge” does not support Hancock’s contention. Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973). 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).

Hancock’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 except as provided by 9th Cir. R. 36-3.