UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1960
In Re: WILLIAM TERRENCE CROSS, a/k/a Red,
Petitioner.
On Petition for Writ of Mandamus.
(2:03-cr-00010-RBS-1)
Submitted: January 13, 2011 Decided: January 18, 2011
Before MOTZ, KING, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William Terrence Cross, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Terrence Cross petitions for a writ of
mandamus seeking an order directing the district court to
reverse his conviction and alleged illegal sentence. We
conclude that Cross is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further,
mandamus relief is available only when the petitioner has a
clear right to the relief sought. In re First Fed. Sav. & Loan
Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Mandamus may not be
used as a substitute for appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Cross
is not available by way of mandamus. Accordingly, although we
grant leave to proceed in forma pauperis, we deny the petition
for writ of mandamus and deny Cross’s motion to remand for
resentencing. 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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