Allen

MEMORANDUM **

Edward E. Allen appeals the district court’s order dismissing his § 2255 motion for lack of subject matter jurisdiction. The district court found that Allen was not “in custody” when he filed his § 2255 motion. 28 U.S.C. § 2255 . Allen contends that the district court erred in finding that his § 2255 motion was filed on February 3, *832 2000 instead of February 1, 2000. We affirm.

We review de novo the district court’s decision to deny a § 2255 motion, and we review the district court’s factual findings for clear error. United States v. Guess, 203 F.3d 1143, 1145 (9th Cir.2000). The district court found that Allen completed his sentence, including supervised release, on February 1, 2000. The district court also found that Allen filed his § 2255 motion on February 3, 2000. Allen contends that this latter finding was erroneous because the clerk received his § 2255 motion on February 1, 2000. In support of this contention, Allen offers for the first time on appeal a “Certified Mail” receipt bearing what purports to be a stamped signature of the “US District Court” and a delivery date of February 1, 2000.

Though Allen has not moved this court to supplement the record,…