BARBARIN v. MADDEN (2019)

MEMORANDUM **

California state prisoner Ricardo Estrada Barbarin appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 and, reviewing de novo, see Maciel v. Cate, 731 F.3d 928, 932 (9th Cir. 2013), we affirm.

Barbarin contends that there was insufficient evidence to support the jury’s finding that he was one of two gunmen whose attack on a group of individuals resulted in the shooting death of a 13-year old boy. However, DNA evidence from two pieces of clothing found at the crime scene matched Barbarin; he matched the physical description of the attackers; the assailants referenced Barbarin’s gang, the Eastside Rivas, and its Tiny Dukes clique, of which Barbarin became a member; Barbarin may have had a motive to shoot two of the people in the group, for reasons of “disrespect;” and Barbarin’s 2003 interview with a detective included statements that could be interpreted as consciousness of guilt. In light of this record, the state court’s conclusion that there was sufficient evidence to convict Barbarin of first-degree murder and attempted murder was not contrary to, nor an unreasonable application of, Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). See 28 U.S.C. § 2254(d)(1); Coleman v. Johnson, 566 U.S. 650, 651, 132 S.Ct. 2060, 182 L.Ed.2d 978 (2012) (per curiam).

AFFIRMED.