David Chavarria v. Timothy Busby

MEMORANDUM

Petitioner David Chavarria, a California state prisoner, appeals from the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for conspiracy to commit murder. He contends that there was insufficient evidence to support the specific-intent-to-kill and agreement elements of the crime and that he is entitled to relief under 28 U.S.C. § 2254 (d)(1) because, in rejecting his sufficiency-of-the evidence arguments, the California Court of Appeal unreasonably applied Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). Reviewing with the “two layers of judicial deference” applicable to Jackson claims in federal habeas proceedings, Coleman v. Johnson, — U.S. -, 132 S.Ct. 2060, 2062 , 182 L.Ed.2d 978 (2012) (per curiam), we affirm.

The evidence at trial showed that co-defendant Damon Flores saw a rival gang member, David Cabrera, in Dog Patch territory, armed himself with a firearm, and then directed Misty Luna to drive him to Cabrera’s residence. On the way there, Chavarria pulled his vehicle alongside Flores’s to have a conversation, during which Flores told Chavarria that he knew where “that cheese sider…