Erin Rieman v. Margaret Gilbert

facts so we do not repeat them here. We have jurisdiction under 28 U.S.C. § 2253

and review de novo the district court’s dismissal and its findings of fact for clear

error. Griffin v. Johnson, 350 F.3d 956, 960 (9th Cir. 2003). We affirm.

To pass through the “gateway . . . to have his otherwise barred constitutional

claim considered on the merits,” Rieman must furnish “new reliable evidence”

showing that “it is more likely than not that no reasonable juror would have

convicted him in the light of the new evidence.” Schlup v. Delo, 513 U.S. 298,

315, 324, 327 (1995). Although the new evidence concerning Walter Bremmer is

troubling, Rieman has not met the Schlup standard. Reasonable jurors might view

Rieman’s new testimony, inconsistencies in Bremmer’s testimony, and Bremmer’s

history of violence and strangulation and conclude that Rieman was not guilty

beyond a reasonable doubt. However, it is not more likely than not that no

reasonable juror would have convicted Rieman. See Johnson v. Knowles, 541 F.3d

933, 937 (9th Cir. 2008) (“[T]he miscarriage of justice exception is limited to those

extraordinary cases where the petitioner asserts his innocence and establishes…