Gary Williams, No. 09-1404 (4th Cir. 2009)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1404 In Re: GARY BUTERRA WILLIAMS, Petitioner. On Petition for Writ of Mandamus. (4:08-cr-00087-RGD-FBS-1) Submitted: July 7, 2009 Decided: July 21, 2009 Before TRAXLER, Chief Judge, and WILKINSON and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Gary Buterra Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gary Buterra Williams petitions for a writ of mandamus seeking an order compelling the district court to dismiss the indictment against him for violation of his rights to a speedy trial. We conclude that Williams is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Cir. Ass n, mandamus is 860 a F.2d 135, drastic 138 remedy extraordinary circumstances. (4th and should 1988). Further, be only used in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Here, Williams has failed to file a motion to dismiss the indictment in the district court on speedy trial grounds. Accordingly, although pauperis, we dispense with deny oral we the grant petition argument leave for because to writ the proceed of in mandamus. facts and forma We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.