United States v. Moore

9 F. App'x 275

Opinion

PER CURIAM.

Timothy A. Moore appeals the district court’s order denying relief on his petition for writ of mandamus. A writ of mandamus is a drastic remedy and should be granted only in those extraordinary situations when no other remedy is available. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus may not be used as a substitute for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). Here, Moore could have appealed the district court’s order resentencing him based on his assistance to the Government in criminal prosecutions. Because there was an alternate method for seeking the requested relief, and because Moore presents no extraordinary circumstances, the district court properly denied the petition. Accordingly, we affirm. See United States v. Moore, No. CR-93-217 (W.D.N.C. Sept, 6, 2000). 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.

AFFIRMED.