United States v. Runnells

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 97-6641 WILLIAM ROBERT RUNNELLS, JR.,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. _________________________________________________________________ Vacated and remanded by unpublished per curiam opinion. _________________________________________________________________ COUNSEL William Robert Runnells, Jr., Appellant Pro Se. James Ashford Met- calfe, Assistant United States Attorney, Norfolk, Virginia, for Appel- lee. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ 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 2