UNPUBLISHED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Vacated and remanded by unpublished per curiam opinion.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.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit.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

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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

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