Ware

MEMORANDUM

Kenneth Ware, a California state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for conspiracy to commit murder. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Ware contends that his due process rights were violated because the evidence at trial was insufficient to sustain his conviction. We review de novo the district court’s denial of a § 2254 petition. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir. 1999). A conviction is supported by sufficient evidence if, “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Miller v. Stagner, 757 F.2d 988, 992 (9th Cir. 1985). On habeas review, the state court’s factual findings are presumed to be correct. 28 U.S.C. § 2254 (e)(1).

In Ware’s direct appeal, the California Court of Appeal found that: (1) Ware and a co-conspirator, in fleeing a bank robbery, ran towards a police vehicle when being pursued; (2) one conspirator exclaimed to the other, “Shoot the mother fucker”; and (3) both conspirators next…