Anderson
Anderson v. Terhune
Opinion
Lead Opinion
MEMORANDUM **
Kenneth Anderson appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition. Anderson challenges his California conviction and sentence for one count of possession for sale of cocaine base with an enhancement for being personally armed with a firearm, one count of possession of a firearm by a felon, and two counts of selling or furnishing cocaine base by a felon. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Based upon our de novo review, Ellis v. Armenakis, 222 F.3d 627, 630 (9th Cir.2000), we affirm.
We may grant relief only if the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” 28 U.S.C. § 2254 (d)(1); Garvin v. Farmon, 258 F.3d 951, 954-55 (9th Cir.2001), cert. denied, — U.S. —, 122 S.Ct. 1546 , 152 L.Ed.2d 471 (2002).
Anderson contends that there was insufficient evidence to support his sentence enhancement under California Penal Code § 12022(c). 1 Anderson specifically argues that because he was arrested away from the apartment where the drugs and weapons were later found, he was not armed during the commission of the offense.…