Filed: Feb. 17, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4584 In re: JUAN SANCHEZ HYMAN, a/k/a John Boy, Petitioner. No. 15-2437 In re: JUAN SANCHEZ HYMAN, a/k/a John Boy, Petitioner. On Petitions for Writ of Mandamus (Nos. 5:13-cr-00312-H-1; 5:13-cr-00312-H-1) Submitted: January 19, 2016 Decided: February 17, 2016 Before MOTZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petitions denied by unpublished per curiam opinion. Juan Sanchez Hyman, Petitioner Pro Se.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4584 In re: JUAN SANCHEZ HYMAN, a/k/a John Boy, Petitioner. No. 15-2437 In re: JUAN SANCHEZ HYMAN, a/k/a John Boy, Petitioner. On Petitions for Writ of Mandamus (Nos. 5:13-cr-00312-H-1; 5:13-cr-00312-H-1) Submitted: January 19, 2016 Decided: February 17, 2016 Before MOTZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petitions denied by unpublished per curiam opinion. Juan Sanchez Hyman, Petitioner Pro Se. U..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4584
In re: JUAN SANCHEZ HYMAN, a/k/a John Boy,
Petitioner.
No. 15-2437
In re: JUAN SANCHEZ HYMAN, a/k/a John Boy,
Petitioner.
On Petitions for Writ of Mandamus
(Nos. 5:13-cr-00312-H-1; 5:13-cr-00312-H-1)
Submitted: January 19, 2016 Decided: February 17, 2016
Before MOTZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petitions denied by unpublished per curiam opinion.
Juan Sanchez Hyman, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In these consolidated proceedings, Juan Sanchez Hyman
petitions for writs of mandamus seeking an order directing the
district court to rule on his motion for a speedy trial. We
conclude that Hyman is not entitled to the requested relief.
“Mandamus is a drastic remedy to be invoked only in
extraordinary situations.” United States v. Moussaoui,
333 F.3d
509, 516 (4th Cir. 2003) (internal quotation marks omitted).
The Supreme Court has specified two conditions “that must be
satisfied as a predicate to mandamus jurisdiction”: (1) “‘the
party seeking issuance of the writ must have no other adequate
means to attain the relief he desires,’”
id. at 517 (quoting
Kerr v. U.S. Dist. Ct.,
426 U.S. 394, 403 (1976)), and (2) “‘his
right to issuance of the writ [must be] clear and
indisputable,’”
id. (quoting Bankers Life & Cas. Co. v. Holland,
346 U.S. 379, 384 (1953)).
We have reviewed the record and find that Hyman has not
made the requisite showing. His speedy trial claims, under
either the Sixth Amendment or the Speedy Trial Act, 18 U.S.C.
§§ 3161-3174 (2012), do not demonstrate a clear and indisputable
right to relief. Accordingly, although we grant leave to
proceed in forma pauperis in No. 15-2437, we deny the petitions
for writs of mandamus. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
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materials before this court and argument would not aid the
decisional process.
PETITIONS DENIED
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