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91 F. App'x 286

In Re: Babb v.

U.S. Courts of Appeals

Decided March 31, 2004

U.S. Courts of Appeals · decided 2004-03-31

Relies on Mallard v. United States Dist. Court for Southern Dist. of Iowa · In Re Diana R Beard et Als · In re United Steelworkers of America

Decided 2004-03-31

PER CURIAM:

¶1 Douglas Lamon Babb petitions for a writ of mandamus. He seeks an order *287 from this court directing the district court to stay ongoing federal criminal proceedings pending resolution of related state criminal proceedings. * Mandamus is available only when the petitioner has a clear right to the relief sought and there are no other means for obtaining that relief. Mallard v. United States Dist. Court, 490 U.S. 296, 309, 109 S.Ct. 1814, 104 L.Ed.2d 318 (1989); In re Beard, 811 F.2d 818, 826 (4th Cir.1987). Mandamus is not a substitute for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). Because Babb may challenge his federal conviction in an appeal to this court after final judgment is entered, we deny his mandamus petition. 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

*

¶3 Our review of the docket sheet reveals that the district court accepted Babb’s guilty plea on January 2, 2004, but he has not yet been sentenced.

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