In Re Victor Loreto Blanco-cardenas, Petitioner,, 907 F.2d 1137 (4th Cir. 1990)

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US Court of Appeals for the Fourth Circuit - 907 F.2d 1137 (4th Cir. 1990) Submitted June 4, 1990. Decided June 19, 1990

On Petition for Writ of Mandamus.

Victor Loreto Blanco-Cardenas, petitioner pro se.

PETITION DENIED.

Before ERVIN, Chief Judge, and CHAPMAN and WILKINS, Circuit Judges.

PER CURIAM:


Victor Loreto Blanco-Cardenas brought this mandamus petition seeking an order directing the district court to act on his motion to vacate, set aside, or correct his sentence and directing the district court to grant this motion. In regard to the second issue, mandamus relief cannot be used as a substitute for appeal. In re: United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Also, since Blanco-Cardenas filed this writ the district court has denied his motion. Therefore, his complaint of delay in the district court is moot and we deny mandamus relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid in the decisional process.

PETITION DENIED.

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