UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
CHARLES KEITH, Petitioner.
On Petition for Writ of Mandamus.
March 13, 2009
April 6, 2009
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Charles Keith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: After this court in 2005 vacated seven of the eighteen counts on which Charles Keith was convicted in 1997, the Keith
district court denied Keith's motion for resentencing.
now has filed a petition for writ of mandamus seeking an order compelling the district court to strike the vacated counts from his judgment, refund the special assessment imposed on the
vacated counts, and resentence him under the advisory federal sentencing guidelines. to mandamus relief. Mandamus is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States Dist. We conclude that Keith is not entitled
Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus relief is available only where there In re Braxton, 258 F.3d 250, 261
is no other available remedy. (4th Cir. 2001).
Because Keith had other means of pursuing the
relief he sought, namely to file an appeal from the district court's order denying his motion for resentencing, mandamus
relief is not available. Accordingly, although we grant leave to proceed in We
forma pauperis, we deny the petition for writ of mandamus. dispense with oral argument because the facts and
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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