Raul RAMOS, Jr., Petitioner-Appellant, v. Michael EVANS, Warden, Respondent-Appellee, 488 F. App'x 273

MEMORANDUM Petitioner Raul Ramos appeals the district court’s denial of his petition for habe-as corpus, brought pursuant to 28 U.S.C. § 2254. He argues that the state court unreasonably applied the Supreme Court’s decision in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), in concluding that there was sufficient evidence to find that his prior offense constituted a strike under the California Three Strikes Law. We disagree. Under AED-PA, we apply the standards of Jackson with an additional layer of deference. See Juan H. v. Allen, 408 F.3d 1262, 1274 (9th Cir.2005).

Under that deferential standard, a rational trier of fact could have found that Ramos’s prior conviction constituted a strike. Ramos did not raise his claim under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) in his federal habeas petition, and thus, the claim is barred under AEDPA’s one-year statute of limitations. See 28 U.S.C. § 2244(d)(1)(A). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.