In Re: Whitehead v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-901
In Re: QUINTINE EARL WHITEHEAD,
Petitioner.
Petition for Writ of Prohibition. (CR-97-5)
Submitted: February 22, 2001 Decided: February 27, 2001
Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Quintine Earl Whitehead, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Quintine Earl Whitehead filed this petition for a writ of
prohibition asking this court to enjoin the U.S. Government from
continuing to exercise jurisdiction over his federal criminal
conviction on the basis that the Government lacked jurisdiction to
prosecute Whitehead. A writ of prohibition is a drastic remedy
which should be granted only when the petitioner’s right to the
requested relief is undisputable. In re Vargas, 723 F.2d 1461,
1468 (10th Cir. 1983); In re Missouri, 664 F.2d 178, 180 (8th Cir.
1981). A writ of prohibition should be granted only when the
petitioner has no other adequate means of relief, In re Banker’s
Trust Co., 775 F.2d 545, 547 (3d Cir. 1985), and may not be used as
a substitute for the normal appellate process. In re Missouri, 664
F.2d at 180.
Whitehead has failed to establish his right to such relief.
Accordingly, we deny Whitehead’s petition for a writ of prohibi-
tion. 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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