In Re: William Cro, No. 10-1960 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1960 In Re: WILLIAM TERRENCE CROSS, a/k/a Red, Petitioner. On Petition for Writ of Mandamus. (2:03-cr-00010-RBS-1) Submitted: January 13, 2011 Decided: January 18, 2011 Before MOTZ, KING, and WYNN, Circuit Judges. Petition denied by unpublished per curiam opinion. William Terrence Cross, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William Cross seeking an directing mandamus Terrence reverse his order conviction and petitions alleged a writ of district the for court to illegal sentence. We conclude that Cross is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, Moussaoui, mandamus 426 333 U.S. F.3d relief is circumstances. 394, 509, 402 516-17 available Kerr (1976); (4th only clear right to the relief sought. United United Cir. when v. the 2003). States States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). used as a substitute for appeal. Mandamus may not be In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Cross is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus resentencing. and deny Cross s motion to remand for 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

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