Kenneth Casey v. Michael Martel

MEMORANDUM

Kenneth Michael Casey, a state prisoner, appeals the district court’s denial of his petition for writ of habeas corpus. The district court issued a certificate of appeal-ability with respect to Casey’s claims that insufficient evidence supported his convic tion for conspiracy to create child pornography under California Penal Code § 311.4(c) and/or to commit a lewd and lascivious act upon a child under California Penal Code § 288(a), and that there was insufficient evidence to support his conspiracy conviction because there was no evidence that he or his coconspirator committed an overt act in furtherance of the conspiracy after they agreed to commit a crime. We have jurisdiction under 28 U.S.C. § 2253 (a), and we affirm.

Casey’s habeas petition is subject to the provisions of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. §§ 2241-2255 . To prevail, Casey must show an “an unreasonable application of[ ] clearly established Federal law” or an “unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d); see also Harrington v. Richter, — U.S. -, 131 S.Ct. 770, 786 , 178 L.Ed.2d…