Madriaga v. Kane

Full title: Isagani Pilotin MADRIAGA, Petitioner — Appellee, v. Anthony KANE, Warden…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 10, 2008

263 F. App'x 563 (9th Cir. 2008)

Opinion

No. 06-56133.

Argued and Submitted October 17, 2007.

Filed January 10, 2008.

Davina T. Chen, Esq., FPDCA-Federal Public Defender's Office, Los Angeles, CA, for Petitioner-Appellee.

Karl T. Terp, Alana Cohen Butler, Esq., AGCA-Office of the California Attorney General, San Diego, CA, for Respondent-Appellant.

Appeal from the United States District Court for the Central District of California, Stephen V. Wilson, District Judge, Presiding. D.C. No. CV-01-01970-SVW.

Before: KOZINSKI, Chief Judge, McKEOWN, Circuit Judge and JONES,^_ District Judge.

_ The Honorable Robert E. Jones, Senior United States District Judge for the District of Oregon, sitting by designation.

MEMORANDUM ^__

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

For the reasons given by the district court, the evidence wasn't sufficient to support petitioner's conviction. In holding otherwise, the California Court of Appeal unreasonably applied Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). See Juan H. v. Allen, 408 F.3d 1262, 1274-75 (9th Cir. 2005).

AFFIRMED.