In Re: Irby Dewitt, No. 15-1688 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1688 In re: IRBY GENE DEWITT, Petitioner. On Petition for Writ of Mandamus. (4:04-cr-00795-TLW-4) Submitted: October 15, 2015 Decided: October 19, 2015 Before WILKINSON, AGEE, and HARRIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Irby Gene Dewitt, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Irby Gene DeWitt petitions for a writ of mandamus seeking an order directing the district court to resentence him. conclude that DeWitt is not entitled to mandamus We relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 51617 (4th Cir. 2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). appeal. Finally, mandamus may not be used as a substitute for In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by DeWitt 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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