Espinoza

MEMORANDUM *

Petitioner-Appellant Manuel A. Osete Espinoza appeals the Arizona district court’s denial of his 28 U.S.C. § 2254 petition on two grounds. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Espinoza’s first ground — that the Arizona Superior Court’s decision that he *804 could pay his bail was unreasonable in light of the evidence — fails. Evidence adduced at the state court hearing showing that Espinoza refused his daughter’s offer to sell his property to pay his bail belies Espinoza’s claim that he cannot generate funds while in prison. The record further showed that Espinoza was able to obtain cash to give to his daughter and to deposit cash into her bank account while in prison. In addition, Espinoza points to no evidence explaining the whereabouts of the $420,000 he removed from his joint bank account with his ex-wife, or challenging the state court’s findings that he continues to control lucrative businesses in Mexico. Espinoza’s mere allegations that he cannot work or sell his assets from prison do not satisfy his heavy burden under § 2254(d)(2)’s highly deferential standard. 2 Thus, we cannot conclude that the state court’s decision was…