In Re: Jermal Daniels, No. 14-1253 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1253 In re: JERMAL DANIELS, Petitioner. On Petition for Writ of Mandamus. (3:05-cr-00103-RJC-DCK-2) Submitted: June 19, 2014 Decided: June 23, 2014 Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Jermal Daniels, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jermal Daniels petitions for a writ of mandamus seeking an order directing the district court to resentence him for a second time. We conclude that Daniels is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 394, 509, 402 516-17 available Kerr (1976); (4th only clear right to the relief sought. 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 Daniels Accordingly, mandamus and dispense with contentions grant are oral we leave deny to argument adequately is not the proceed petition in because presented available in forma the the by for way of writ of pauperis. facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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