United States of America v. Geer et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
NICHOLAS D. GEER,
Defendant.
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Case No. 1:26-cv-138
Case No. 1:22-cr-109
Judge J. Philip Calabrese
Magistrate Judge Reuben J. Sheperd
MEMORANDUM OPINION
28 U.S.C § 2255(f)(1) provides a one-year statute of limitations from the date
the judgment of conviction becomes final. 	Here, the Sixth Circuit affirmed the
conviction and sentence of Nicholas Geer on October 24, 2024. Mr. Geer had 90 days
from that date to file a petition for a writ of certiorari but did not do so. (ECF No. 114,
PageID #1186.) Therefore, his conviction became final on January 22, 2025. Clay v.
United States, 537 U.S. 522, 525 (2003). Mr. Geer had until January 22, 2026 to file
a motion under 28 U.S.C. § 2255. 	His motion to vacate was filed on January 20,
2026. Therefore, the motion itself is timely.
His motion identifies two grounds for relief under the Sixth Amendment. (ECF
No. 114, PageID #1188.) 	But the first ground provides no explanation beyond
that. 	Instead, 	the 	motion 	states 	that 	it 	will 	provide 	support 	in 	a 	separate
memorandum at a later date. 	(Id.) 	The second ground identifies a Confrontation
Clause claim. (Id., PageID #1189.) Again, the motion states that it will add detail in
a later memorandum. 	(Id.) In the third ground for relief, the motion alleges a due-
Case: 1:22-cr-00109-JPC Doc #: 119 Filed: 02/10/26 1 of 2. PageID #: <pageID>

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process 	violation 	due 	to 	the 	absence 	of 	an 	arrest 	warrant. 	(Id., 	PageID
#1191.) Additionally, the motion states that it will provide more grounds in a later
memorandum. (Id., PageID #1192; see also id., PageID #1186 & #1193.)
Mr. Geer’s memorandum supporting the motion to vacate (along with his
motion for a new trial and motion to dismiss for lack of subject matter jurisdiction)
was filed by the Clerk’s Office on January 27, 2026, which is after the limitations
period. However, Mr. Geer mailed all three filings in one envelope, which contained
a tracking number. (See ECF No. 117-1.) The United States Postal Service’s tracking
information shows that the envelope departed the post office in Bruceton, West
Virgina on January 22, 2026. Accordingly, the memorandum supporting the motion
to vacate (along with the other two filings) was placed in the mail on the deadline.
Therefore, the Court finds that Mr. Geer’s motion to vacate is timely and will proceed
to consider it in due course.
SO ORDERED.
Dated: February 10, 2026
J. Philip Calabrese
United States District Judge
Northern District of Ohio
Case: 1:22-cr-00109-JPC Doc #: 119 Filed: 02/10/26 2 of 2. PageID #: <pageID>