UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1715
In re: GONZALES MARCH, a/k/a Gun, a/k/a Gon,
Petitioner.
On Petition for Writ of Mandamus.
(No. 3:08-cr-00590-CMC-6)
Submitted: November 18, 2014 Decided: November 20, 2014
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gonzales March, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gonzales March petitions for a writ of mandamus
seeking an order directing the district court to correct a
sentencing error and resentence him. We conclude that March 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 March 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. We
deny March’s motion for appointment of counsel. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
PETITION DENIED
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