Christopher Glasgow v. Clark Ducart ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 16 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHRISTOPHER N. GLASGOW, No. 19-55606
Petitioner-Appellant, D.C. No. 2:14-cv-09606-SVW-
FFM
v.
CLARK E. DUCART, Warden, MEMORANDUM*
Respondent-Appellee.
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted December 11, 2019**
Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.
California state prisoner Christopher N. Glasgow appeals pro se from the
district court’s judgment dismissing his 28 U.S.C. § 2254 habeas corpus petition.
We have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, see Smith v.
Ryan, 823 F.3d 1270, 1278 (9th Cir. 2016), we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Glasgow contends that there was insufficient evidence to support one of his
convictions for transportation and sale of cocaine base. Viewed in the light most
favorable to the prosecution, the evidence underlying this count could enable a
rational trier of fact to find the essential elements of the crime beyond a reasonable
doubt. See Jones v. Wood, 207 F.3d 557, 563 (9th Cir. 2000). The state court’s
rejection of this claim, therefore, was neither contrary to, nor an unreasonable
application of, Jackson v. Virginia, 443 U.S. 307 (1979). See 28 U.S.C.
§ 2254(d)(1).
The motion to expand the certificate of appealability is denied. See Hiivala
v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).
AFFIRMED.
2 19-55606