NRS 34.810(1)(b); NRS 34.810(3). A petitioner may be entitled to review of defaulted claims if failure to review the claims would result in a fundamental miscarriage of justice. Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996). In order to demonstrate a fundamental miscarriage of justice, a petitioner must make a colorable showing of actual innocence of the crime. Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001).

Appellant did not attempt to demonstrate good cause for his untimely and successive petition. Rather, appellant argued that he was actually innocent because he was not the shooter and he did not have the specific intent that his co-defendant kill the victims who were shot at from the vehicle appellant was driving. Appellant did not present any new evidence of his innocence, but rather argued the facts presented at trial.

Under these circumstances, appellant did not demonstrate actual innocence because he failed to show that "it is more likely than not that no reasonable juror would have convicted him in light of. . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also Pellegrini, 117 Nev. at 887, 34 P.3d at 537; Mazzan, 112 Nev. at 842, 921 P.2d at 922. We therefore conclude that the district court did not err in denying appellant's petition.

Accordingly, we ORDER the judgment of the district court AFFIRMED.

J.

Pickering

J.

C"Cr":2222=7 Parraguirre Saitta SUPREME COURT OF NEVADA (0) 947A cc: Hon. Kathleen E. Delaney, District Judge Rommie Moss Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A e