NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 23 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT RICARDO ESTRADA BARBARIN, No. 19-55010

Petitioner-Appellant, D.C. No. 5:17-cv-00257-VBF-LAL v.

MEMORANDUM* RAYMOND MADDEN, Warden,

Respondent-Appellee.

Appeal from the United States District Court

for the Central District of California

Valerie Baker Fairbank, District Judge, Presiding

Submitted October 15, 2019** Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.

California state prisoner Ricardo Estrada Barbarin 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, reviewing de novo, see Maciel v. Cate, 731 F.3d 928, 932 (9th Cir. 2013), 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).

Barbarin contends that there was insufficient evidence to support the jury’s finding that he was one of two gunmen whose attack on a group of individuals resulted in the shooting death of a 13-year old boy. However, DNA evidence from two pieces of clothing found at the crime scene matched Barbarin; he matched the physical description of the attackers; the assailants referenced Barbarin’s gang, the Eastside Rivas, and its Tiny Dukes clique, of which Barbarin became a member; Barbarin may have had a motive to shoot two of the people in the group, for reasons of “disrespect;” and Barbarin’s 2003 interview with a detective included statements that could be interpreted as consciousness of guilt. In light of this record, the state court’s conclusion that there was sufficient evidence to convict Barbarin of first-degree murder and attempted murder was not contrary to, nor an unreasonable application of, Jackson v. Virginia, 443 U.S. 307, 319 (1979). See 28 U.S.C. § 2254(d)(1); Coleman v. Johnson, 566 U.S. 650, 651 (2012) (per curiam).

AFFIRMED.

2 19-55010