Reyes Miranda v. The State of Oregon

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Reyes MIRANDA, Petitioner-Appellant, v. The STATE of Oregon, Respondent-Appellee. No. 90-35790. United States Court of Appeals, Ninth Circuit. Submitted Sept. 11, 1991. * Decided Sept. 13, 1991. Before GOODWIN, SCHROEDER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner sued in the United States District Court to enjoin his resentencing by the Circuit Court of the State of Oregon, pursuant to the decision of the Oregon Supreme Court reported in State v. Miranda, 309 Or. 121 , 786 P.2d 155 (1990). The District Court dismissed his action under the authority of Younger v. Harris, 401 U.S. 37 (1971). We affirm. 3 Defendant was convicted in state court of murder and was sentenced to death following Oregon's two-stage trial and sentencing procedure. The State Supreme Court found no error in his judgment of conviction, but found an error requiring resentencing. 4 Under the impression that a new penalty proceeding…