UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1688
In re: IRBY GENE DEWITT,
Petitioner.
On Petition for Writ of Mandamus.
(4:04-cr-00795-TLW-4)
Submitted: October 15, 2015 Decided: October 19, 2015
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Irby Gene Dewitt, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Irby Gene DeWitt petitions for a writ of mandamus seeking
an order directing the district court to resentence him. We
conclude that DeWitt is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only in
extraordinary circumstances. Kerr v. U.S. 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). Finally, 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 DeWitt 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
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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