In re: Roger Burress, No. 17-2456 (4th Cir. 2018)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2456 In re: ROGER D. BURRESS, Petitioner. On Petition for Writ of Mandamus. (2:03-cr-00024-1) Submitted: February 15, 2018 Decided: February 16, 2018 Before WILKINSON, FLOYD, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Roger D. Burress, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Roger D. Burress petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his pro se motion for resentencing under Johnson v. United States, 135 S. Ct. 2551 (2015), and his authorized successive 28 U.S.C. § 2255 (2012) motion seeking Johnson relief. Burress seeks an order from this court directing the district court to act. Our review of the district court’s docket reveals that the district court granted Burress’ successive § 2255 motion by order entered January 19, 2018, denied his pro se motion as moot, reduced his terms of imprisonment and supervised release, and ordered him subject to immediate release. Burress was released from imprisonment on January 22, 2018. Accordingly, because the district court has recently decided Burress’ case, we deny the mandamus petition as moot. We grant leave to proceed in forma pauperis. 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
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
