UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                       No. 97-6641

WILLIAM ROBERT RUNNELLS, JR.,
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-88-36-N, CR-88-53-N, CA-96-1154)

Submitted: July 30, 1998

Decided: August 19, 1998

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

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Vacated and remanded by unpublished per curiam opinion.

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COUNSEL

William Robert Runnells, Jr., Appellant Pro Se. James Ashford Met-
calfe, Assistant United States Attorney, Norfolk, Virginia, for Appel-
lee.

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Unpublished opinions are not binding precedent in this circuit.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:

Appellant appeals from the district court's order finding that his
motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998)
was barred by the one-year limitations period of§ 2255. Appellant's
conviction became final in 1993, and he filed his§ 2255 motion on
November 21, 1996. Because Appellant had until April 23, 1997, to
file his motion, see Brown v. Angelone, ___ F.3d ___, 1998 WL
389030 (4th Cir. July 14, 1998) (Nos. 96-7173, 96-720), his motion
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 conten-
tions are adequately presented in the materials before the court and
argument would not aid the decisional process.

VACATED AND REMANDED

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