Opinion
No. 10-56687 D.C. No. 3:09-cv-00732-JM
12-22-2011
KELVIN FELTON, Petitioner - Appellant, v. JOHN MARSHALL and EDMUND G. BROWN, Jr., Respondents - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Submitted December 19, 2011
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. Appellant. P. 34(a)(2).
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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.
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.