Crouch v. Johnson
176 F.3d 480
5th Cir.
1999
Check Treatment

KENNETH LAWTON CROUCH, Petitioner-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee.

No. 97-11331

United States Court of Appeals, Fifth Circuit

March 11, 1999

Summary Calendar

Before JOLLY, SMITH, and WIENER, Circuit Judges.

Appeal from the United States District Court for the Northern District of Texas

USDC No. 3:97-CV-1273-X

PER CURIAM:*

Kenneth Lawton Crouch, Texas prisoner # 582767, appeals the district court‘s dismissal of his 28 U.S.C. § 2254 federal habeas petition as barred by the one-year statute of limitations in 28 U.S.C. § 2244(d). Crouch argues that the district court erred in dismissing his § 2254 petition as time-barred. Because Crouch‘s 1991 sexual assault conviction became final before the enactment of the Antiterrorism and Effective Death Penalty Act, Crouch had one year from April 24, 1996, within which to file his § 2254 petition. See § 2244(d)(1); . While Crouch‘s appeal was pending, this court held that the tolling provision in § 2244(d)(2) is applicable to the one-year grace period. . The one-year grace period was tolled while Crouch‘s state habeas application was pending from August 29, 1996, to April 9, 1997. See Therefore, Crouch‘s § 2254 petition, which was filed on May 29, 1997, was timely filed. See The district court‘s judgment is VACATED and the case is REMANDED for further proceedings. Crouch‘s motion for appointment of counsel is DENIED. Crouch‘s motion for acquittal is DENIED.

VACATED AND REMANDED; MOTION FOR APPOINTMENT OF COUNSEL DENIED; MOTION FOR ACQUITTAL DENIED.

Notes

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.