Okang Kareem Rochelle

Filing 920090309

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2185

In Re:

OKANG KAREEM ROCHELLE, Petitioner.

On Petition for Writ of Mandamus.

(1:05-cr-00112-UA-1)

Submitted:

February 18, 2009

Decided:

March 9, 2009

Before MICHAEL, GREGORY, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Okang Kareem Rochelle, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Okang Kareem Rochelle petitions for a writ of mandamus in which he seeks an order dismissing an indictment that charges him in two counts of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2006). conclude that Rochelle is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. & Loan Ass'n, is a 860 F.2d 135, 138 (4th In re First Fed. Sav. Cir. 1988). be used Further, only in We

mandamus

drastic

remedy

and

should

extraordinary circumstances.

Kerr v. United States Dist. Court,

426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). relief speedy due Rochelle asserts that he is entitled to mandamus to violations and other of his Sixth of Amendment his right We to a

trial,

violations

rights.

have

reviewed the record and determine Rochelle is not entitled to the relief sought. Accordingly, although we grant leave to

proceed in forma pauperis, we deny Rochelle's motion to expedite and deny his petition for writ of mandamus. oral argument because in the the facts and legal before We dispense with contentions the court are and

adequately

presented

materials

argument would not aid the decisional process.

PETITION DENIED 2