United States v. Duran, No. 17-30428 (5th Cir. 2019)
Annotate this CaseThe Fifth Circuit affirmed the district court's denial of defendant's 28 U.S.C. 2255 motion to vacate, correct, or set aside his prison sentence of 120 months and five years of supervised release following his conviction for one count of transportation of child pornography. The court held that defendant's motion was time-barred where defendant failed to provide evidence to support his assertion, under the prison mailbox rule, that he placed his motion in a housing unit mailbox in time. In this case, the motion was postmarked five days after the one-year filing deadline and the district court did not have an obligation to inform pro se litigants of the kinds of evidence they may submit to support their assertion of timeliness.
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