In Re: George Jefferson, III, No. 12-2349 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2349 In Re: GEORGE JEFFERSON, III, a/k/a Ace, Petitioner. On Petition for Writ of Mandamus. Submitted: December 13, 2012 (5:09-cr-00251-FL-1) Decided: December 18, 2012 Before MOTZ, WYNN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. George Jefferson, III, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: George Jefferson, III petitions for a writ of mandamus seeking an order directing the district court to address whether it had jurisdiction to sentence him as a career offender. We conclude that Jefferson 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 relief circumstances. U.S. F.3d 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 mandamus. sought by Jefferson is not available by way Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. dispense of with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2
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