John K. Henderson v. Robert O. Lampert

State prisoner Henderson appeals from the district court’s judgment denying his habeas petition. The district court had jurisdiction under 28 U.S.C. § 2254 , and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 . Because the petition raises the same claims Henderson raised in an earlier petition that was dismissed on grounds of state procedural default, and because he cannot now challenge the grounds on which the first petition was dismissed, the current petition is a “second or successive” petition barred by 28 U.S.C. § 2244 (b)(1). We therefore affirm.

I.

In 1990, Henderson pled guilty to murder in Oregon state court. Believing that it was without discretion to do otherwise, the state court sentenced Henderson to 121 months in accordance with his plea agreement. However, after conducting further research, the state court judge concluded that he could have imposed a higher sentence. He therefore, on his own motion, ordered Henderson and the prosecutor back into court, vacated the sentence, and reassigned the case to another judge for resentencing.

Henderson filed a motion seeking reinstatement of the 121-month sentence. The court (with a new judge…