United States v. Jackson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. No. 97-6313

MICHAEL JACKSON, Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CR-93-125, CA-96-1029)

Submitted: July 28, 1998

Decided: August 13, 1998

Before MURNAGHAN and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

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Vacated and remanded by unpublished per curiam opinion.

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COUNSEL

Michael Jackson, Appellant Pro Se. Stephen Wiley Miller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION

PER CURIAM:

Appellant appeals the district court's order dismissing with preju- dice his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998), as barred by the one-year limitation period imposed by 28 U.S.C.A. § 2255 (West Supp. 1998). Appellant's conviction became final in May 1995, and he filed his federal habeas motion in Decem- ber 1996. Because Appellant's conviction became final prior to the implementation of the one-year limitation period, Appellant had until April 23, 1997 in which to file his habeas motion. See Brown v. Angelone, ___ F.3d ___, 1998 WL 389030 (4th Cir. July 14, 1998) (Nos. 96-7173, 96-7208). Thus, Appellant's 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 pro- ceedings. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED