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20 F. App'x 206

In Re: Johnson v.

U.S. Courts of Appeals

Decided October 12, 2001

This page is marked noindex.

U.S. Courts of Appeals · decided 2001-10-12

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on In Re Diana R Beard et Als · In re United Steelworkers of America

Decided 2001-10-12

PER CURIAM.

¶1 Joseph Johnson, Jr., filed this mandamus petition requesting that this court direct the district court to amend its criminal judgment so as to comply within the dictates of U.S. Sentencing Guidelines Manual § 5G1.3 (1998). Where there is another available remedy, mandamus relief is not available. In re Beard, 811 F.2d 818, 826 (4th Cir.1987). Mandamus relief is not a substitute for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). Johnson could have challenged his sentence in a direct appeal of the criminal judgment or in his 28 U.S.C.A. § 2255 (West Supp.2001) motion. He did neither, however. Accordingly, we deny mandamus relief. We deny Johnson’s motion to proceed in forma pauperis. 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.

¶2 PETITION DENIED.

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