Chris S. Lange v. Brian Belleque

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
EOH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHRIS S. LANGE,
Petitioner - Appellant,
v.
BRIAN BELLEQUE,
Respondent - Appellee.
No. 07-36087
D.C. No. CV-05-00255-HU
MEMORANDUM *
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Oregon state prisoner Chris S. Lange appeals from the district court’s order
dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to
28 U.S.C. § 2253, and we dismiss.
FILED
MAR 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EOH/Research 07-36087 2
Lange contends that the district court erred when it dismissed his petition on
the grounds that he waived his right to challenge his sentence in any state or
federal collateral proceeding. The record reflects that Lange waived his right to
file the instant petition, which is necessarily a challenge to his sentence. The
district court did not err in concluding that the petition is barred by a valid waiver
of the right to file a collateral challenge to his sentence. See Washington v.
Lampert, 422 F.3d 864, 869 (9th Cir. 2005).
DISMISSED.

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