Zaragoza

MEMORANDUM **

California state prisoner Enrique Zaragoza, Jr., appeals the district court’s order denying his 28 U.S.C. § 2254 petition challenging his 25-years-to-life sentence imposed for evading a peace officer. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and review de novo the denial of his § 2254 petition, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). After considering the briefs filed, we affirm.

The certificate of appealability was granted as to whether there was insufficient evidence to support the state court’s findings that appellant had a prior conviction of assault with a deadly weapon. A review of the record establishes the fact that appellant has a prior conviction of assault with a deadly weapon by an inmate and that this prior conviction constitutes a “serious” prior felony. See CaLPenal Code § 1192.7(e)(13). To the extent appellant contends that the evidence was insufficient to prove his assault conviction was a serious prior felony conviction pursuant to California’s Three-Strikes Law, such contention fails. Moreover, this is an issue of state law and as such is generally not cognizable on federal habeas review, see Miller v. Vasquez, 868…