Steven Sherer v. Stephen Sinclair

MEMORANDUM

Petitioner-Appellant Steven Sherer appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of first degree murder. He contends that there was insufficient evidence to convict him, his trial counsel’s performance fell below the level required under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and the government suppressed exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). The facts underlying this appeal are known to the parties and need not be repeated here. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm the district court’s denial of the petition.

Contrary to Sherer’s contention, the record reflects that the state courts’ decisions rejecting Sherer’s sufficiency of the evidence and ineffective assistance of counsel claims were not contrary to, or an unreasonable application of, clearly established Federal law. See 28 U.S.C. § 2254 (d)(1); Boyer v. Belleque, 659 F.3d 957, 964-65 (9th Cir.2011); Harrington v. Richter, — U.S.-, 131 S.Ct. 770, 788 , 178 L.Ed.2d 624 (2011). Nor were those decisions based on…