Osbourne v. Secretary, Florida Department of Corrections, No. 18-11004 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit affirmed the district court's dismissal of a 28 U.S.C. 2254 petition for writ of habeas corpus based on lack of jurisdiction as an unauthorized second or successive petition. In this case, the state trial court granted in part petitioner's motion to correct sentence, pursuant to Fla. R. Crim. P. 3.800(a), and issued an amended sentence nunc pro tunc, which removed a 10-year mandatory minimum term on one of his counts of conviction.
The court held that the district court properly determined that petitioner's latest section 2254 petition was an unauthorized second or successive petition over which it lacked jurisdiction. The court explained that, because the amended sentence was entered nunc pro tunc under Florida law, it related back to the date of the original judgment and it was not a "new judgment" for purposes of section 2244(b).