Whether a prisoner's petition for rehearing is timely filed under the mail box rule

QUESTIONS PRESENTED . I. Whether a prisoner's petition for rehearing of his appeal decision that is ~ due in 14 days, is considered timely filed under the "mail box rule" and Houston v. Lack, 487 U.S. 266, 268 (1988), when the envelope with the Petition is délivered to prison authorities on the due date for forwarding to the Circuit Court, or can the Fifth Circuit reject the mail box rule and Houston v. Lack and reject a prisoner's petition received after the . 14th day from the opinion pursuant to Rule 40 of the Federal Rules of ; Appellate Procedure? ; : II. If a defendant objects to the obstruction of justice sentence enhancement for avoiding arrest and living under an another name on the grounds that oe he had no notice or knowledge that he had an indictment for the instant offense before or after he moved to another state for employment under an another name because he had a criminal history, must the District Court : make independent factual findings: to prove a specific'mens rea to have consciously moved to the other state and used an alias for the purpose to impede or obstruct proceedings in the instant offense, or may the District Court simply overrule the defendant's objection to the Presentence Report for the enhancement, without stating its reasons for doing so. yoy t : . .