Background
Larome Deon Waiters appealed from the district court’s judgment denying his motion under Section twenty-eight of the United States Code, Section two thousand two hundred fifty-five, to vacate his sentence. The district court entered its judgment on October ninth, two thousand twenty-five. Waiters’s notice of appeal was deemed filed on December tenth, two thousand twenty-five, under the prison mailbox rule.
The court’s reasoning
The court determined that Waiters had until December eighth, two thousand twenty-five, to appeal the district court’s judgment under Section twenty-eight of the United States Code, Section two thousand one hundred seven, subsection b, and Federal Rule of Appellate Procedure four, subsection a, one, subsection B. Because the notice of appeal was filed on December tenth, it was untimely and could not invoke the court’s appellate jurisdiction.
What it means going forward
The dismissal prevents appellate review of the underlying habeas claim, leaving the district court’s denial of the motion to vacate in place.