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MOSHIER v. U.S.

Docket Nos. 04-5784-PR, 04-5983-PR.

402 F.3d 116 (2005)

Donald L. MOSHIER, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 17, 2005.

Attorney(s) appearing for the Case

Donald L. Moshier, Jr., pro se, McKean Federal Correctional Institution, Bradford, Pennsylvania.

Thomas P. Walsh, Assistant United States Attorney for the Northern District of New York (Glenn T. Suddaby, United States Attorney), Binghamton, New York, for Respondent-Appellee.

Before: NEWMAN, STRAUB, and WESLEY, Circuit Judges.

PER CURIAM.

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,

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