Kevin Walker, No. 10-2109 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2109 In Re: KEVIN LAMONT WALKER, Petitioner. On Petition for Writ of Mandamus. (4:05-cr-00005-RBS-JEB-1) Submitted: December 16, 2010 Decided: December 27, 2010 Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Kevin Lamont Walker, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kevin Lamont Walker petitions for a writ of mandamus seeking an order compelling the district court to resentence him. We conclude that Walker is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 U.S. F.3d relief circumstances. is 394, 509, 402 516-17 available (1976); (4th only clear right to the relief sought. Kerr Cir. when the v. United United States States 2003). v. Further, petitioner has a In re First Fed. Sav. & Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Walker is not available by way of mandamus. 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

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