Is a 28 USC SEC. 2255 MOTION premature if filed less than 90 days after the appellate court enters its judgment in accordance with the holdings in Clay v. United States, NO. 01-1500; showing no extraordinary circumstances and in violation of the Final Judgment Rule?

QUESTIONS PRESENTED QUESTION ONE: Is a 28 USC SEC. 2255 MOTION premature if filed less than 90 days after the appellate court enters its judgment in accordance with the holdings in Clay v. . a United States, NO. 01-1500; showing no extraordinary circumstances and in _. «. Violation of the Final Judgment Rule? QUESTION TWO: Does the indictment filed in this defendant’s case, state a violation of federal law when it only alleges, in respect to Grant, that Grant ratified prescriptions forged by his alleged co-conspirator who successfully submitted them for payment without a ‘snanifestation of Assent to an illegal contract. the fact issues that comprise the theory of ratification were not explained to the jury? ———