Tony Jose Carapia v. JOHN MARSHALL, 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).
SMS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TONY JOSE CARAPIA,
Petitioner - Appellant,
v.
JOHN MARSHALL, Warden,
Respondent - Appellee.
No. 07-56799
D.C. No. CV-06-00629-NAJ
MEMORANDUM *
Appeal from the United States District Court
for the Southern District of California
Napoleon A. Jones, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
California state prisoner Tony Jose Carapia appeals from the district court’s
order denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant
to 28 U.S.C. § 2253, and we affirm.
FILED
JAN 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SMS/Research 07-56799 2
Carapia contends there was insufficient evidence to support the jury’s
finding he committed the offense “for the benefit of, at the direction of, or in
association with” a criminal street gang and “with the specific intent to promote,
further, or assist in any criminal conduct by gang members” under California Penal
Code section 186.22(b)(1). The record reflects that the state court’s rejection of
this claim was neither contrary to, nor involved an unreasonable application of,
clearly established federal law. See 28 U.S.C. § 2254(d)(1); Jackson v. Virginia,
443 U.S. 307, 318-19 (1979). The record further demonstrates that the state
court’s decision was not based on an unreasonable determination of the facts in
light of the evidence presented in the state court proceedings. See 28 U.S.C.
§2254(d)(2).
AFFIRMED.

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