Evans

MEMORANDUM

Petitioner Raul Ramos appeals the district court’s denial of his petition for habe-as corpus, brought pursuant to 28 U.S.C. § 2254 . He argues that the state court unreasonably applied the Supreme Court’s decision in Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), in concluding that there was sufficient evidence to find that his prior offense constituted a strike under the California Three Strikes Law. We disagree. Under AED-PA, we apply the standards of Jackson with an additional layer of deference. See Juan H. v. Allen, 408 F.3d 1262, 1274 (9th Cir.2005). Under that deferential standard, a rational trier of fact could have found that Ramos’s prior conviction constituted a strike.

Ramos did not raise his claim under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) in his federal habeas petition, and thus, the claim is barred under AEDPA’s one-year statute of limitations. See 28 U.S.C. § 2244 (d)(1)(A).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.