Opinion
No. 97-17150.
Filed October 24, 1997.
ORDER
In United States v. Skandier, No. 97-3129, filed September 22, 1997, this court held that a certificate of appealability is not required in an appeal of a denial of a motion to vacate sentence under 28 U.S.C. §(s) 2255 if the motion was filed in the district court prior to April 24, 1996, the effective date of the Anti-Terrorism and Effective Death Penalty Act, Pub.L. 104-132, 110 Stat. 1214 (1996). Cases adversely affected by Skandier should be brought to the court's attention for expeditious action by motion to recall the mandate or, if still timely, by petition for rehearing. In the interest of prompt disposition, the briefing period will be shortened, and accordingly
IT IS HEREBY ORDERED, pursuant to Rule 31(a) of the Federal Rules of Appellate Procedure, that when a motion to recall the mandate is filed in a case governed by the decision in Skandier, i.e., when the section 2255 motion was filed in the district court prior to April 24, 1996, the Clerk will issue an order recalling the mandate and setting a briefing schedule requiring the appellant to file argument on the merits by informal brief or letter memorandum within twenty-one (21) days of the date of the order, requiring the appellee to file a response within twenty-one (21) days of service of appellant's brief or memorandum, and requiring that a reply, if any, be filed within ten (10) days after service of the appellee's brief or memorandum. Failure of appellant to file a brief or memorandum directed to the merits will result in the dismissal of the appeal for failure to prosecute under LAR Misc. 107.2(b).
Following completion of the briefing, these cases will be submitted by the Clerk in the regular course to a standing panel for decision on the merits.