Gregory Harris v. Michael Budge

MEMORANDUM

Gregory Harris appeals the district court’s dismissal of his petition for a writ of habeas corpus, which alleged a violation of his right to due process under the Fourteenth Amendment. Harris argues that there was insufficient evidence to support his convictions for three charges: (a) Trafficking of a Controlled Substance; (b) Conspiracy to Commit Robbery; and (c) Living From the Earnings of a Prostitute. Harris filed his federal habeas petition after April 24,1996; therefore the provisions of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) govern this case. Juan H. v. Allen, 408 F.3d 1262, 1270 (9th Cir.2005) (citing Chein v. Shumsky, 373 F.3d 978, 983 (9th Cir.2004) (en banc)). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s denial of a state prisoner’s petition for habeas relief, Juan H., 408 F.3d at 1269 n. 7, and we affirm.

In Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), the Supreme Court established the “standard [that] is to be applied in a federal habeas corpus proceeding when the claim is made that a person has been convicted in a state court upon insufficient evidence.” Id.…