United States v. Bannerman

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 97-7068 FRANKLYN EARL BANNERMAN, 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-90-105-N, CA-97-287-2) Submitted: August 18, 1998 Decided: September 21, 1998 Before ERVIN and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge. _________________________________________________________________ Vacated and remanded by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Jeffrey Scott Shapiro, VERGARA & ASSOCIATES, Hopewell, Vir- ginia; Cheryl Johns Sturm, Westtown, Pennsylvania, for Appellant. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Vir- ginia, for Appellee. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Franklyn Bannerman appeals from a district court order that con- cluded his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998) was barred by the one-year limitations period provided by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-32, 110 Stat. 1214. Bannerman was convicted in 1991, and he filed his habeas motion on March 14, 1997. Bannerman 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. Accordingly, we grant a certificate of appealability on this issue, 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