Kelvin Felton v. JOHN MARSHALL and EDMUND G. BROWN, Jr.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. Appellant. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KELVIN FELTON,
Petitioner - Appellant,
v.
JOHN MARSHALL and EDMUND G.
BROWN, Jr.,
Respondents - Appellees.
No. 10-56687
D.C. No. 3:09-cv-00732-JM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
California state prisoner Kevin Felton 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 we affirm.
FILED
DEC 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-56687 2
Felton contends that there was insufficient evidence to support his
conviction for making a criminal threat. We conclude that the state court’s
decision rejecting this claim was not contrary to, or an unreasonable application of,
clearly established federal law. See 28 U.S.C. § 2254(d); see also Jackson v.
Virginia, 443 U.S. 307, 319 (1979).
We construe Felton’s additional arguments as a motion to expand the
certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22-
1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per
curiam).
AFFIRMED.

-- 2 of 2 --