Winkler

MEMORANDUM **

Brad Winkler, a California state prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). Reviewing de novo, see Lucky v. Calderon, 86 F.3d 923, 925 (9th Cir.1996), we affirm.

Winkler admits that he knew, before he went to trial, the basic facts underlying the claim he now seeks to raise. Accordingly, he could have fully exhausted the claim in state court and included it in his first federal habeas petition. The district court thus correctly determined that Winkler’s present petition is successive. See Cooper v. Calderon, 274 F.3d 1270, 1272, 1274 (9th Cir.2001) (per curiam) (holding that 28 U.S.C. § 2244’s limitations on successive petitions apply when the first petition was filed prior to AEDPA and that a motion raising a claim “that could have been raised earlier if timely exhausted” was a successive petition), petition for reh’g and reh’g en banc dismissed in part and denied in part, 308 F.3d 1020 , amended by 2002 WL 31510218 , at *1 (9th Cir. Nov.13, 2002). The exception set forth in Slack v. McDaniel, 529 U.S. 473 , 120 S.Ct. 1595 , 146 L.Ed.2d 542…