Jeke West v. M.D. Biter

MEMORANDUM

California state prisoner Jeke D. West appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. West argues that the evidence admitted during his trial was constitutionally insufficient for the jury to find him guilty beyond a reasonable doubt of aggravated kidnapping under California law. Because the required deferential review of the evidence under Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) shows that the evidence sufficed, we affirm the district court’s denial of habeas relief.

The evidence showed that West and an accomplice lured the victim, Mark Eugene Robinson, to an alley behind an apartment complex under the ruse of buying merchandise from Robinson. But instead of pulling out money, West pulled out a gun, pointed it at Robinson’s head, and said, “This is a jack” and “We’re taking all this shit.” West then marched Robinson at gunpoint from his Chevy Suburban and forced him to lie on the ground behind a nearby dumpster. After taking Robinson’s cell phone, West left Robinson lying on the ground and returned to helping his accomplice unload the Suburban. When West later caught Robinson peeking out from…