In Re: Phil Graham, No. 14-1366 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1366 In re: PHIL JEMAR GRAHAM, a/k/a Touche, Petitioner. On Petition for Writ of Mandamus. (4:05-cr-01210-TLW-1) Submitted: June 19, 2014 Decided: June 23, 2014 Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Phil Jemar Graham, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Phil Jemar Graham petitions for a writ of mandamus challenging his career offender sentence and seeking relief from this Court. We conclude that Graham 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 only clear right to the relief sought. Kerr (1976); (4th Cir. when the v. United United 2003). States States 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), and the relief sought by Graham 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. dispense 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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