UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                    No. 97-7221

WILLIE VICK,
Defendant-Appellant.

Appeal from the United States District Court
for the Eastern District of North Carolina, at Raleigh.
Terrence W. Boyle, Chief District Judge.
(CR-92-113-5-BO,
CA-97-318-5-BO)

Submitted: June 23, 1999

Decided: September 21, 1999

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

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Remanded by unpublished per curiam opinion.

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COUNSEL

Willie Vick, Appellant Pro Se. Robert Edward Skiver, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.

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Unpublished opinions are not binding precedent in this circuit.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

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OPINION

PER CURIAM:

Willie Vick initially appealed from the district court's finding that
his 28 U.S.C.A. § 2255 (West Supp. 1999) motion was untimely
under the Antiterrorism and Effective Death Penalty Act, Pub. L. No.
104-132, 110 Stat. 1214 (effective Apr. 24, 1996). This court
remanded the case for a determination of whether Vick's motion was
timely filed under Houston v. Lack, 487 U.S. 266 (1988). The district
court then found that Vick's § 2255 motion was timely filed and
returned the case to this court without addressing the merits of Vick's
claims. We now remand the case for the district court to address the
case on the merits. We dispense with oral argument because the facts
and legal arguments are adequately presented in the materials before
the court and argument would not aid the decisional process.

REMANDED

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