UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2302
In Re: WILLIAM D. MORRIS,
Petitioner.
On Petition for Writ of Mandamus. (0:05-cr-00056-MBS-1)
Submitted: March 29, 2010 Decided: April 15, 2010
Before WILKINSON, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William D. Morris, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William D. Morris, convicted and sentenced to eighty-
four months in prison in the District Court for the Southern
District of Georgia after pleading guilty pursuant to a plea
agreement to one count each of wire, mail and bank fraud, in
violation of 18 U.S.C. §§ 1341, 1343-44 (2000), has petitioned
this court for a writ of mandamus. In his petition, Morris
asks, among other things, that this court direct the Government
to file a Fed. R. Crim. P. 35 motion for sentence reduction on
his behalf.
To obtain mandamus relief, a petitioner must show
that:
(1) he has a clear and indisputable right to the
relief sought; (2) the responding party has a clear
duty to do the specific act requested; (3) the act
requested is an official act or duty; (4) there are no
other adequate means to attain the relief he desires;
and (5) the issuance of the writ will effect right and
justice in the circumstances.
In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001) (internal
quotation marks and citation omitted). We have considered
Morris’s petition and find that he is not entitled to mandamus
relief. Accordingly, although we grant leave to proceed in
forma pauperis, we deny the mandamus petition. We dispense with
oral argument because the facts and legal contentions are
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adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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