UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

RAYMOND E. FOWLER, Petitioner-Appellant,

v. No. 98-6700

RONALD J. ANGELONE, Director, Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-97-356-3)

Submitted: September 30, 1998

Decided: October 20, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

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Remanded by unpublished per curiam opinion.

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COUNSEL

Raymond E. Fowler, Appellant Pro Se. Eugene Paul Murphy, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Rich- mond, Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

_________________________________________________________________ OPINION

PER CURIAM:

Raymond E. Fowler appeals from a district court order that con- cluded his petition filed under

(West 1994 & Supp. 1998) was barred by the one-year limitations period of

(d)(1) (West Supp. 1998). Fowler's conviction became final in 1990, and he executed his petition on April 1, 1997; it was received in the district court on April 18, 1997. Fowler had until April 23, 1997 to file his § 2254 petition. See Brown v. Angelone,

(4th Cir. 1998). Therefore, his petition was not time barred. For these reasons, we grant a certificate of appeala- bility 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.

REMANDED

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