UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 97-6467
LESTER DAVID GOODE,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of West Virginia, at Clarksburg.
William M. Kidd, Senior District Judge.
(CR-88-12, CA-97-53-1)
Submitted: September 10, 1998
Decided: September 28, 1998
Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.
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Vacated and remanded by unpublished per curiam opinion.
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COUNSEL
Lester David Goode, Appellant Pro Se. Robert H. McWilliams, Jr.,
Assistant United States Attorney, Wheeling, West Virginia, 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Unpublished opinions are not binding precedent in this circuit.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 dismissing his motion
filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998), as barred
by the one-year limitations period. Because Appellant's conviction
became final on June 18, 1988, 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). Appel-
lant filed this habeas motion on March 12, 1997. 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 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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