Invoking 28 U.S.C. § 2255 he thereafter m oved to vacate, set aside, or correct his sentence Marcaida v. Rascoe , 569 F.2d 828 (5th Cir. 1978). 3 Dardar v. Lafourche Realty Co., Inc. , 849 F.2d 955 (5th Cir. 1988). 2 and, in conjunction therewith, he moved to correct claimed errors in the presentence investigation report. The district court denied the latter motion and Hinojosa appeals that ruling.

The government moves to supplement the record with a copy of the district court§ 2255 motion which is pending in the trial court. This order was entered after Hinojosa filed his notice of appeal.

The governmentÂ’s motion is granted.

Hinojosa moves to strike the governmentÂ’s appellate brief as untimely. There is no showing of prejudice from the untimely filing and that motion is denied. 2 The order Hinojosa appeals is not appealable as a final judgment, it has not been deemed final jurisprudentially, and it was not certified for appeal by the trial court. 3 Accordingly, there is no basis for appellate jurisdiction herein.

The motion to supplement the record is GRANTED; the motion to strike the governmentÂ’s brief is DENIED; the appeal is DISMISSED and the matter is returned to the district court for appropriate proceedings.

* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4