Gandarela

Oregon state prisoner Rodrigo Gan-darela appeals the district court’s order denying his 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his 1994 jury trial conviction for sexual abuse of a minor. The victim, a four-year-old child, did not testify at trial. She testified at a competency hearing at which the defendant was not present. At trial, the child victim’s hearsay statements about the incident of abuse were introduced through other witnesses who heard the statements. Gandarela failed to assert a Confrontation Clause claim on direct appeal, thus procedurally defaulting on that claim. By offering new evidence to show “actual innocence,” Gandarela now attempts to establish a procedural “gateway” permitting review of his defaulted claim.

The district court denied Gandarela’s petition for writ of habeas corpus. Gan-darela appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Rodrigo Gandarela was tried in 1994 on charges of Rape in the First Degree, Sodomy in the First Degree, Unlawful Sexual Penetration in the First Degree, and Sexual Abuse in the First Degree, all involving a four-year-old victim. He was acquitted on the Rape charge and convicted on the other…