UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1100
In Re: FLOYD JUNIOR POWELL, a/k/a Dick,
Petitioner.
On Petition for Writ of Mandamus. (5:99-cr-00012-RLV-6)
Submitted: July 9, 2009 Decided: July 27, 2009
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Floyd Junior Powell, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Floyd Junior Powell petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
motion for relief under 18 U.S.C. § 3582 (2006), filed on
November 19, 2007, and his motion to amend the motion, filed on
July 2, 2008. He seeks an order from this court directing the
district court to act. Since Powell filed this petition, the
district court’s docket sheet indicates that a supplemental
presentence report pursuant to the crack cocaine amendments was
filed and made available to the parties and the district court.
Although we find that mandamus relief is not warranted because
the delay is not unreasonable, we deny the mandamus petition
without prejudice to the filing of another mandamus petition if
the district court does not act expeditiously. 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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