UNITED STATES v. VELASQUEZ (2020)

Anthony Paul Velasquez seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 motion. The order was entered on March 12, 2020, and Velasquez had 60 days to file his notice of appeal by giving it to prison authorities for mailing. See Fed. R. App. P. 4(a)(1)(B), (c)(1); Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). Although his notice of appeal was dated and received after the 60-day period, Velasquez claimed that he sent an earlier notice of appeal. However, he did not affirm the date of filing under penalty of perjury, and the record does not include any earlier notice of appeal or reveal when or if it was given to prison officials. Accordingly, we remand this case for the limited purpose of allowing the district court to obtain this information and determine whether the notice of appeal was timely filed under Rule 4(c)(1) and Houston v. Lack. The record, as supplemented, will then be returned to this court for further consideration.

REMANDED

PER CURIAM:

Remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.