United States of America, Plaintiff-appellee, v. Lawrence Earl Mangum, Defendant-appellant, 139 F.3d 909 (9th Cir. 1998)

Appeal from the United States District Court for the Eastern District of California Robert E. Coyle, District Judge, Presiding.

Before PREGERSON, CANBY, and LEAVY, Circuit Judges.

MEMORANDUM^* 

Federal prisoner Lawrence Earl Mangum appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence for his 1988 guilty plea conviction to bank robbery in violation of 18 U.S.C. § 2113(a). The district court concluded that Mangum's motion was barred by the one year statute of limitations of section 105 of the Antiterrorism and Effective Death Penalty Act of 1996, and dismissed. Mangum, however, filed his 2255 motion on December 19, 1996, which was within one year of the enactment of the AEDPA. After the district court entered its decision, we held that "no petition filed on or before April 23, 1997--one year from the date of AEDPA's enactment--may be dismissed for failure to comply" with the one year time limit. Calderon v. United States Dist. Court ("Beeler".), 128 F.3d 1283 (9th Cir. 1997), cert. denied, --- U.S. ----, 118 S. Ct. 899, 139 L. Ed. 2d 884, 66 USLW 3427, (U.S. Jan. 26, 1998) (No. 97-953); see 28 U.S.C. § 2255. In light of our recent decision, the district court's decision is

VACATED AND REMANDED.