United States v. Williams ( 1997 )

FILED: January 15, 1997
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6878
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HAYWOOD WILLIAMS, JR.,
Defendant - Appellant.
On Petition for Rehearing and Suggestion for Rehearing In Banc.
Haywood Williams, Jr. petitions this court for rehearing
of his earlier appeal. We grant the petition for rehearing, deny
the suggestion for rehearing in banc, and vacate and remand the
district court's decision. The district court is directed to
determine whether Williams' motion to reinstate a motion under 28
U.S.C. § 2255 (1994), amended by Act of Apr. 24, 1996, 28 U.S.C. §
2254 (Law. Co-op. Advance Sheet June 1996), was filed prior to the
enactment of the Antiterrorism and Effective Death Penalty Act
under Houston v. Lack, 487 U.S. 266 (1988).
Entered at the direction of Judge Luttig. Judge Ervin and
Judge Michael concur in granting the petition for rehearing. Judge
Luttig dissents and would deny the petition for rehearing.
FOR THE COURT,
/s/ Patricia S. Connor
CLERK
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