Mitchell A. Insignares v. Secretary, Florida Department of Corrections

Mitchel A. Insignares, a Florida prisoner, appeals the district judge’s denial of his pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254.1 Because resen-tencing by the state judge resulted in a new judgment, making this the first challenge to that new judgment, we conclude Insignares’s petition is not successive. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Underlying Conviction

In the early morning hours of July 5, 2000, Antonio Houed left the Pink Pony, a Miami strip club, to return to his house. *1276When he arrived home, he noticed a man, later identified as Insignares, had…