UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                    No. 96-7563

MARSHALL HAROLD,
Defendant-Appellant.

Appeal from the United States District Court
for the District of Maryland, at Baltimore.
Frederic N. Smalkin, District Judge.
(CR-94-395-S, CA-96-2405-S)

Submitted: July 30, 1998

Decided: August 14, 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Vacated and remanded by unpublished per curiam opinion.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

Marshall Harold, Appellant Pro Se. Lynne Ann Battaglia, United
States Attorney, Baltimore, Maryland, 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Unpublished opinions are not binding precedent in this circuit.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:

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 May 1995,
and he filed his habeas motion on August 2, 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). Therefore, his motion was not time barred. For these rea-
sons, we grant a certificate of appealability on this issue, vacate the
district court's order, and remand for further proceedings. We dis-
pense 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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