UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7052
In Re: JOSEPH JOHNSON, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CR-96-180)
Submitted: October 4, 2001 Decided: October 12, 2001
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Joseph Johnson, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joseph Johnson, Jr., filed this mandamus petition requesting
that this court direct the district court to amend its criminal
judgment so as to comply within the dictates of U.S. Sentencing
Guidelines Manual § 5G1.3 (1998). Where there is another available
remedy, mandamus relief is not available. In re Beard, 811 F.2d
818, 826 (4th Cir. 1987). Mandamus relief is not a substitute for
appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.
1979). Johnson could have challenged his sentence in a direct
appeal of the criminal judgment or in his 28 U.S.C.A. § 2255 (West
Supp. 2001) motion. He did neither, however. Accordingly, we deny
mandamus relief. We deny Johnson’s motion to proceed in forma pau-
peris. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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