In re: Mitchell Swain

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 11, 2023
• Docket: 23-1970
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1970 Doc: 6 Filed: 10/11/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1970

In re: MITCHELL SWAIN,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Eastern District of North Carolina, at Greenville. (4:07-cr-00062-D-1)

Submitted: September 29, 2023 Decided: October 11, 2023

Before WYNN and THACKER, Circuit Judges, and MOTZ, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Mitchell Swain, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1970 Doc: 6 Filed: 10/11/2023 Pg: 2 of 2

PER CURIAM:

Mitchell Swain petitions for a writ of mandamus, alleging that the district court has

unduly delayed in adjudicating his motion for sentencing relief under § 404(b) of the First

Step Act. This motion was pending before the district court upon remand from this court.

See United States v. Swain, 49 F.4th 398, 403-04 (4th Cir. 2022). Swain seeks an order

from this court directing the district court to act, but our review of the district court’s docket

reveals that the district court granted Swain’s motion on September 29, 2023. Accordingly,

because the district court has recently decided Swain’s motion, we deny the mandamus

petition as moot. 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