Donaghe

ORDER

The opinion in Solis v. Garcia, 219 F.3d 922 (9th Cir.2000), now being final, this case is resubmitted for decision.

MEMORANDUM *

Petitioner Kenneth Ray Donaghe appeals the district court’s denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

The district court’s decision to grant or deny a habeas petition is reviewed de novo. Bribiesca v. Galaza, 215 F.3d 1015, 1018 (9th Cir.2000). Findings of fact made by the district court are reviewed for clear error. Solis v. Garcia, 219 F.3d 922, 926 (9th Cir.2000). Under the Anti-terrorism and Effective Death Penalty Act of 1996, factual findings made by the state court are “presumed to be correct.” 28 U.S.C. § 2254 (e)(1).

Donaghe was convicted of murder under California’s aiding and abetting “natural and probable consequences” doctrine. Under that theory, the defendant can be convicted of the charged crime if he (1) had knowledge of a confederate’s unlawful purpose; (2) intended to commit, encourage, or facilitate the commission of any target crime; and (3) aided, promoted, encouraged, or instigated the target crime. Further, his confederate (4) committed the charged…