Filed: Jan. 24, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2394 In re: JAMONE SMITH, Petitioner. On Petition for Writ of Mandamus. (1:10-cr-00314-WDQ-1) Submitted: January 22, 2019 Decided: January 24, 2019 Before MOTZ, KEENAN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Jamone Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jamone Smith petitions for a writ of mandamus, alleging that the distr
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2394 In re: JAMONE SMITH, Petitioner. On Petition for Writ of Mandamus. (1:10-cr-00314-WDQ-1) Submitted: January 22, 2019 Decided: January 24, 2019 Before MOTZ, KEENAN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Jamone Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jamone Smith petitions for a writ of mandamus, alleging that the distri..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-2394
In re: JAMONE SMITH,
Petitioner.
On Petition for Writ of Mandamus. (1:10-cr-00314-WDQ-1)
Submitted: January 22, 2019 Decided: January 24, 2019
Before MOTZ, KEENAN, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jamone Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jamone Smith petitions for a writ of mandamus, alleging that the district court has
improperly denied his request for release from his commitment pursuant to 18 U.S.C.
§ 4246 (2012). He seeks an order from this court directing the district court to release
him, with or without conditions. “[M]andamus is a drastic remedy that should only be
used in extraordinary circumstances and may not be used as a substitute for appeal.” In
re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007). We issue a writ of
mandamus only when the petitioner has no other adequate means to attain the relief
desired, the petitioner shows that his right to issuance of the writ is clear and
undisputable, and the court deems the writ appropriate under the circumstances. In re
Murphy Brown, LLC,
907 F.3d 788 (4th Cir. 2018). Smith has not met this burden.
Accordingly, we grant leave to proceed in forma pauperis and deny the mandamus
petition. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
PETITION DENIED
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