Okang Kareem Rochelle, No. 08-2185 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2185 In Re: OKANG KAREEM ROCHELLE, Petitioner. On Petition for Writ of Mandamus. Submitted: (1:05-cr-00112-UA-1) February 18, 2009 Decided: March 9, 2009 Before MICHAEL, GREGORY, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Okang Kareem Rochelle, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Okang Kareem Rochelle petitions for a writ of mandamus in which he seeks an order dismissing an indictment that charges him in two counts of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2006). We conclude that Rochelle is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. & Loan Ass n, mandamus is 860 a F.2d 135, drastic 138 remedy extraordinary circumstances. (4th and In re First Fed. Sav. Cir. 1988). should be used Further, only in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Rochelle asserts that he is entitled to mandamus relief due to speedy trial, violations and other of his Sixth violations of Amendment his right rights. We to a have reviewed the record and determine Rochelle is not entitled to the relief sought. Accordingly, although we grant leave to proceed in forma pauperis, we deny Rochelle s motion to expedite and deny his petition for writ of mandamus. oral argument adequately because presented in the the facts and materials We dispense with legal before contentions the court are and argument would not aid the decisional process. PETITION DENIED 2

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