United States v. Bannerman ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 97-7068
FRANKLYN EARL BANNERMAN,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Virginia, at Norfolk.
J. Calvitt Clarke, Jr., Senior District Judge.
(CR-90-105-N, CA-97-287-2)
Submitted: August 18, 1998
Decided: September 21, 1998
Before ERVIN and WILKINS, Circuit Judges, and
BUTZNER, Senior Circuit Judge.
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Vacated and remanded by unpublished per curiam opinion.
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COUNSEL
Jeffrey Scott Shapiro, VERGARA & ASSOCIATES, Hopewell, Vir-
ginia; Cheryl Johns Sturm, Westtown, Pennsylvania, for Appellant.
Laura Marie Everhart, Assistant United States Attorney, Norfolk, Vir-
ginia, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Franklyn Bannerman appeals from a district court order that con-
cluded his motion filed under 28 U.S.C.A. § 2255 (West 1994 &
Supp. 1998) was barred by the one-year limitations period provided
by the Antiterrorism and Effective Death Penalty Act of 1996, Pub.
L. No. 104-32, 110 Stat. 1214. Bannerman was convicted in 1991,
and he filed his habeas motion on March 14, 1997. Bannerman had
until April 23, 1997, to file his § 2255 motion. See Brown v.
Angelone, ___ F.3d ___, 1998 WL 389030 (4th Cir. July 14, 1998)
(Nos. 96-7173, 96-7208). Therefore, his motion was not time-barred.
Accordingly, we grant a certificate of appealability on this issue,
vacate the district court's order, and remand for further proceedings.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court and
argument would not aid the decisional process.
VACATED AND REMANDED
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