Eric Kenneth Dungan v. RON BARNES, Warden

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. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIC KENNETH DUNGAN,
Petitioner - Appellant,
v.
RON BARNES, Warden,
Respondent - Appellee.
No. 11-17992
D.C. No. 2:10-cv-01191-DAD
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, Magistrate Judge, Presiding
Submitted October 25, 2012**
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
California state prisoner Eric Kenneth Dungan 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 06 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Dungan’s May 4, 2102, unopposed motion to supplement the record is1
granted.
Dungan contends that insufficient evidence was presented at trial to support
his conviction for second degree murder. We agree with the district court that the
state court’s determination that sufficient evidence supported Dungan’s conviction
was not contrary to, or an unreasonable application of, Jackson v. Virginia, 443
U.S. 307, 318-19 (1979), or “based on an unreasonable determination of the facts”
in light of the state court record. 28 U.S.C. § 2254(d)(1) & (2); see Harrington v.
Richter, 131 S. Ct. 770, 785 (2011); Juan H. v. Allen, 408 F.3d 1262, 1275 n.13
(9th Cir. 2005).1
AFFIRMED.

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