In Re: Kelley v. , 355 F. App'x 752 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1738
In Re: REGGIE LAMAR KELLEY,
Petitioner.
On Petition for Writ of Mandamus. (3:04-cr-00998-CMC-1)
Submitted: November 16, 2009 Decided: December 11, 2009
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Reggie Lamar Kelley, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Reggie Lamar Kelley, convicted and sentenced to 360
months in prison for possession of a firearm in furtherance of a
drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1)
(2006), has petitioned this court for a writ of mandamus. In
his petition, Kelley asks this court to vacate his sentence and
remand his matter for resentencing because he alleges that the
district court erroneously sentenced him as a career offender.
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
Kelley’s petition and find that Kelley does not meet the
exacting requirements necessary for the issuance of a writ of
mandamus. 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
adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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