In re: Robert Tillery

Filing 920091223

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2139 In Re: ROBERT EDWARD TILLERY, Petitioner. On Petition for Writ of Mandamus. (5:01-cr-00253-BO-1) Submitted: December 17, 2009 Decided: December 23, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Robert Edward Tillery, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Edward Tillery petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion for a reduction He seeks of an sentence order under from 18 this U.S.C. court § 3582(c)(2) (2006). directing the district court to act. sheet and record motion reveals by order the that the Our review of the docket district on court 1, denied 2009. decided We grant with oral Tillery's entered November has Accordingly, because district court recently Tillery's case, we deny the mandamus petition as moot. leave to proceed in forma pauperis. We dispense 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

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