Hartawan

MEMORANDUM **

Former California prisoner Sandy Hartawan appeals the dismissal of his 28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

“We review de novo the district court’s dismissal of a habeas petition for failure to comply with the statute of limitations.” Rasberry v. Garcia, 448 F.3d 1150, 1153 (9th Cir.2006). Hartawan contends that the AEDPA’s one-year statute of limitations is equitably tolled because he is actually innocent of the assault and robbery charges to which he pled no contest.

Assuming that the actual innocence gateway of Schlup v. Delo, 513 U.S. 298 , 115 S.Ct. 851 , 130 L.Ed.2d 808 (1995), provides a basis for equitable tolling for a petitioner who pled no contest, 1 Hartawan has failed to show that “it is more likely than not that no reasonable juror would have found [him] guilty beyond a reasonable doubt.” Id. at 327 , 115 S.Ct. 851 . Hartawan’s claim of actual innocence is primarily based on the recantations of two percipient witnesses, Hau and Liu. Considering all the evidence that could have been presented at trial, including the recantations, we do not find it more likely than not that…