UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                    No. 96-7083

ANDRE SYLVESTER WATTS,
Defendant-Appellant.

Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
Albert V. Bryan, Jr., Senior District Judge.
(CR-87-13-A, CA-96-784-AM)

Submitted: September 8, 1998

Decided: September 23, 1998

Before MURNAGHAN and NIEMEYER, Circuit Judges, and
BUTZNER, Senior Circuit Judge.

_________________________________________________________________

Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Andre Sylvester Watts, Appellant Pro Se. Ellyn Marcus Lindsay,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Vir-
ginia, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Appellant appeals from a district court order that concluded his
motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998)
was barred by the one-year limitations period of 28 U.S.C.A. § 2255
(West Supp. 1998). Appellant's conviction became final in 1988, and
he filed his habeas motion on May 31, 1996. Appellant 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) (decided after the district court's order). Therefore, his motion
was not time barred. For these reasons, 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 contentions are adequately presented in the
materials before the court and argument would not aid the decisional
process.

VACATED AND REMANDED

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