In re: Gonzales March, No. 14-1715 (4th Cir. 2014)

Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1715 In re: GONZALES MARCH, a/k/a Gun, a/k/a Gon, Petitioner. On Petition for Writ of Mandamus. (No. 3:08-cr-00590-CMC-6) Submitted: November 18, 2014 Decided: November 20, 2014 Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Gonzales March, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gonzales seeking an order March petitions directing the for a district sentencing error and resentence him. writ court of to mandamus correct a We conclude that March 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 the States States 2003). 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. United United Cir. when v. Mandamus may not be In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by March 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. deny March’s motion for appointment of counsel. We We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 2