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BOYER v. BELLEQUE

No. 10-35574.

659 F.3d 957 (2011)

Andrew Lee BOYER, Petitioner-Appellant, v. Brian BELLEQUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2011.

Attorney(s) appearing for the Case

Tonia L. Moro , Assistant Federal Public Defender, Medford, OR, for the petitioner-appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and David B. Thompson , Assistant Attorney General, Salem, OR, for the defendant-appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD A. PAEZ, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Oregon state prisoner Andrew Lee Boyer appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. He argues that the evidence presented was constitutionally insufficient for a rational jury to find him guilty of attempted aggravated murder beyond a reasonable doubt. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). Our review of the evidence convinces us that the prosecution...

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