Herbert Council, No. 09-1287 (4th Cir. 2009)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1287 In Re: HERBERT COUNCIL, Petitioner. On Petition for Writ of Mandamus. Submitted: September 29, 2009 (3:92-cr-00097-GCM-20) Decided: December 9, 2009 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Herbert Council, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Herbert Council petitions for a writ of mandamus based on undue delay by the district court in acting upon his motion for reduction of sentence, 28 U.S.C. § 3582 (2006). Our review of the district court s docket reveals that the district court entered a final order on March 3, 2009, denying Council s § 3582 motion. In light of the court s action, Council s petition for writ of mandamus. we deny as moot We grant Council s motion to proceed in forma pauperis and we dispense with oral argument because the facts and 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.