United States v. Richardson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. No. 97-6698

CAROL RICHARDSON, 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-97-149-2)

Submitted: August 18, 1998

Decided: September 22, 1998

Before ERVIN, WILKINS, and HAMILTON, Circuit Judges.

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Vacated and remanded by unpublished per curiam opinion.

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COUNSEL

Carol Richardson, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit.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

_________________________________________________________________ OPINION

PER CURIAM:

Carol Richardson appeals from a district court order finding her motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998) barred by the one-year limitations period of 28 U.S.C.A. § 2255 (West Supp. 1998). Richardson had until April 23, 1997 to file her § 2255 motion. See Brown v. Angelone, ___ F.3d ___, 1998 WL 389030 (4th Cir. July 14, 1998) (Nos. 96-7173, 96-7208). Because she filed the motion on February 3, 1997, it was not time barred. We therefore grant a certificate of appealability, vacate the district court's order, and remand for further proceedings. We dispense with oral argument because the facts and legal contentions are adequately pre- sented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED