Donald L. Moshier, Jr. v. United States

On April 5, 2004, Moshier, pro se and incarcerated, filed in the District Court a motion to vacate his 2002 federal conviction and sentence, which the District Court construed as a § 2255 motion. The certificate of service attached to the motion states that it was mailed on April 1, 2004, and the sworn notice of motion and verification, also attached to the motion, are dated April 1, 2004 as well. See Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) (stating prison mailbox rule). Moshier’s judgment of conviction was entered on April 29, 2002, and Moshier did not file a…