UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                    No. 97-7075

ALAN SMITH, a/k/a "Smitty,"
Defendant-Appellant.

Appeal from the United States District Court
for the Eastern District of Virginia, at Norfolk.
Robert G. Doumar, Senior District Judge.
(CR-94-54-2, CA-97-405-2)

Submitted: September 10, 1998

Decided: September 28, 1998

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

_________________________________________________________________

Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Alan Smith, 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Unpublished opinions are not binding precedent in this circuit.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).

_________________________________________________________________
OPINION

PER CURIAM:

Alan Smith appeals from the district court's order denying his
motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998),
as barred by the statute's one-year limitations period. Smith's convic-
tion became final in 1994, and he filed his motion on April 17, 1997.
Because Smith had until April 23, 1997 to file his§ 2255 motion, we
conclude that it was not time-barred. See Brown v. Angelone, ___
F.3d ___, 1998 WL 389030 (4th Cir. July 14, 1998) (Nos. 96-7173,
96-7208). Accordingly, we grant a certificate of appealability on this
issue, vacate the district court's order, and remand for further pro-
ceedings. 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

                    2
