Freddie Wright v. D. Dexter
Opinion
ORDER
The application for authorization to file a second or successive 28 U.S.C. § 2254 ha-beas corpus petition in the district court is denied. Petitioner has not made a prima facie showing under 28 U.S.C. § 2244 (b)(2) that:
Petitioner asserts that the district court should vacate his sentence because it was imposed in violation of Cunningham v. California, 549 U.S. 270 , 127 S.Ct. 856 , 166 L.Ed.2d 856 (2007). We have held that Cunningham “did not announce a new rule of constitutional law.” Butler v. Curry, 528 F.3d 624, 639 (9th Cir.2008). Therefore, Cunningham cannot form the basis of an application for a second or successive 28 U.S.C. § 2254 habeas corpus petition.
No petition for rehearing or motion for reconsideration shall be filed or entertained in this case. See 28 U.S.C. § 2244 (b)(3)(E).
DENIED.