In re: Robert Tillery, No. 09-2139 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2139 In Re: ROBERT EDWARD TILLERY, Petitioner. On Petition for Writ of Mandamus. (5:01-cr-00253-BO-1) Submitted: December 17, 2009 Decided: December 23, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Robert Edward Tillery, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Edward Tillery petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion § 3582(c)(2) for a (2006). reduction He of seeks sentence an directing the district court to act. sheet and Tillery s record motion Accordingly, reveals by because that order the the entered district order under from 18 U.S.C. this court Our review of the docket district on court court November has leave to proceed in forma pauperis. We 1, recently Tillery s case, we deny the mandamus petition as moot. dispense denied 2009. decided We grant 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

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