UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6150
In Re: KELVIN ANDRE SPOTTS, a/k/a Shorty,
Petitioner.
On Petition for Writ of Mandamus. (CR-98-47; CA-00-647)
Submitted: March 9, 2005 Decided: March 30, 2005
Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Kelvin Spotts, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kelvin Andre Spotts seeks a writ of mandamus to compel
the district court to apply United States v. Booker, 125 S. Ct. 738
(2005), and Blakely v. Washington, 124 S. Ct. 2531 (2004),
retroactively to his case. Mandamus is a drastic remedy to be used
only in extraordinary circumstances. Kerr v. United States Dist.
Court, 426 U.S. 394, 402 (1976). Mandamus relief is available only
when there are no other means by which the relief sought could be
granted, In re Beard, 811 F.2d 818, 826 (4th Cir. 1987), and may
not be used as a substitute for appeal. The party seeking mandamus
relief bears the heavy burden of showing that he has no other
adequate means to attain the relief he desires and that his
entitlement to such relief is clear and indisputable. Allied Chem.
Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Spotts fails to
make the requisite showing. Accordingly, we grant leave to proceed
in forma pauperis and deny Spotts’ petition for writ of mandamus.
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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