In Re: Machuca

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1072
In Re: MARSALINA MACHUCA,
Petitioner.
On Petition for Writ of Mandamus.
(4:05-cr-00002-jlk-2)
Submitted: March 30, 2010 Decided: April 5, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Marsalina Machuca, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marsalina Machuca moved in the district court for
reduction of sentence based on substantial assistance. The
district court denied her motions. Machuca now petitions this
court for a writ of mandamus seeking an order to compel the
district court to grant her motion for sentence reduction.
Mandamus may not be used as a substitute for appeal.
In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
Thus, the relief sought by Machuca 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
the motion for appointment of counsel. 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
2