UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
_________________
No. 96-30932
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL E WILLIAMS,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Louisiana
(96-CV-1152-F)
November 10, 1997
Before EMILIO M. GARZA, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Michael E. Williams appeals from the district court’s decision
to dismiss his second petition for habeas corpus pending
certification by this Court under the Anti-Terrorism and Effective
Death Penalty Act of 1996 (“AEDPA”). See 28 U.S.C. §
2244(b)(3)(A). Williams contends that the certification
requirement of AEDPA should not apply to his petition because he
filed his motion on April 2, 1996, some 22 days before the
President signed AEDPA into law on April 24, 1996. We agree. See
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
United States v. Carter, 117 F.3d 262, 264 (5th Cir. 1997) (Ҥ 2255
appellants are not subject to this COA requirement unless their §
2255 petitions were filed in the district court after the AEDPA’s
effective date of April 24, 1996") (citing Lindh v. Murphy, ___
U.S. ___, ___, 117 S.Ct. 2059, 2068, 138 L.Ed.2d 481 (1997)).
REVERSED AND REMANDED.
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