In re: Miller , 372 F. App'x 379 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1067
In Re: HENRY EARL MILLER,
Petitioner.
On Petition for Writ of Mandamus.
(6:04-cr-00022-HFF-3)
Submitted: March 16, 2010 Decided: March 17, 2010
Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Henry Earl Miller, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Henry Earl Miller is serving a 300-month sentence
following his guilty plea to armed robbery, using and carrying a
firearm during a crime of violence, and aiding and abetting
these offenses. Miller petitions for a writ of mandamus seeking
an order vacating his sentence and remanding to the district
court for resentencing in light of Gall v. United States, 552
U.S. 38 (2007).
Mandamus is a drastic remedy to be used only in
extraordinary circumstances, when “the petitioner has no other
adequate means to obtain relief to which there is a clear and
indisputable right.” In re Blackwater Sec. Consulting, L.L.C.,
460 F.3d 576, 592 (4th Cir. 2006) (internal quotations and
citation omitted). “Courts are extremely reluctant to grant a
writ of mandamus.” In re Beard, 811 F.2d 818, 826 (4th Cir.
1987).
The relief sought by Miller is not available by way of
mandamus. Accordingly, we deny the petition for writ of
mandamus. We also deny his motion for leave to proceed on
direct appeal or by 28 U.S.C.A. § 2255 (West Supp. 2009) motion.
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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