Henry Miller

Filing 920090826

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1742 In Re: HENRY EARL MILLER, Petitioner. On Petition for Writ of Mandamus. (6:04-cr-00022-HFF-3) Submitted: August 20, 2009 Decided: August 26, 2009 Before WILKINSON and Senior Circuit Judge. MICHAEL, Circuit Judges, and HAMILTON, Petition denied by unpublished per curiam opinion. Henry Earl Miller, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Henry Earl Miller has filed a petition for writ of mandamus seeking a vacation or reversal of sentence, contending the district court violated Bailey v. United States, 516 U.S. 137 (1995), in convicting him of two firearm counts. is a drastic remedy to be used only in Mandamus extraordinary circumstances, when "the petitioner has no other adequate means to obtain relief to which there is a clear and indisputable right." In re Blackwater Sec. Consulting, L.L.C., 460 F.3d 576, 592 (4th Cir. 2006) (internal quotations and citation omitted), cert. denied, 127 S. Ct. 1381 (2007). reluctant to grant a writ of mandamus." 818, 827 (4th Cir. 1987). For the reasons stated by this court in the denial of Miller's present relief. prior actions raising he the is same not issue raised for in the "Courts are extremely In re Beard, 811 F.2d mandamus petition, eligible mandamus See In re Miller, 319 F.Appx. 288 (4th Cir. Mar. 27, 2009) (No. 08-7272) motion; In re Miller, (No. 08-207)(4th Cir. July 11, 2008); In re Miller, 279 F. App'x 199 (4th Cir. June 03, 2008) (No.08-1433); In re Miller, 256 F. App'x 604 (Nov. 30, 2007) (No. 07-7120). Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We deny Miller's motions for writ of mandamus to be adjudicated, release pending writ of mandamus proceedings, and 2 to recuse. legal before We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional contentions the court would process. PETITION DENIED 3

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