Henry Miller

Filing 920100317

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1067

In Re:

HENRY EARL MILLER, Petitioner.

On Petition for Writ of Mandamus. (6:04-cr-00022-HFF-3)

Submitted:

March 16, 2010

Decided:

March 17, 2010

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 is serving a 300-month sentence

following his guilty plea to armed robbery, using and carrying a firearm during a crime of violence, and aiding and abetting

these offenses.

Miller petitions for a writ of mandamus seeking

an order vacating his sentence and remanding to the district court for resentencing in light of Gall v. United States, 552 U.S. 38 (2007). Mandamus is a drastic remedy to be used only in

extraordinary circumstances, when "the petitioner has no other adequate means to obtain relief to which there is a clear and indisputable right." 460 F.3d 576, 592 In re Blackwater Sec. Consulting, L.L.C., (4th Cir. 2006) (internal quotations and

citation omitted). writ of mandamus." 1987).

"Courts are extremely reluctant to grant a In re Beard, 811 F.2d 818, 826 (4th Cir.

The relief sought by Miller is not available by way of mandamus. mandamus. Accordingly, we deny the petition for writ of

We also deny his motion for leave to proceed on

direct appeal or by 28 U.S.C.A. § 2255 (West Supp. 2009) motion. 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 2