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  • In Re: Council V., 4th Cir. (2009)

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    Herbert Council filed a petition for a writ of mandamus claiming undue delay by the district court in ruling on his motion for reduction of sentence under 28 U.S.C. 3582. The court of appeals reviewed the district court docket and found that the district court had entered a final order on March 3, 2009 denying Council's 3582 motion. As the district court had already ruled on the motion, the court of appeals denied the petition for writ of mandamus as moot.

    Original Description:

    Filed: 2009-12-09 Precedential Status: Non-Precedential Docket: 09-1287

    Original Title

    In Re: Council v., 4th Cir. (2009)

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    Herbert Council filed a petition for a writ of mandamus claiming undue delay by the district court in ruling on his motion for reduction of sentence under 28 U.S.C. 3582. The court of appeals reviewed the district court docket and found that the district court had entered a final order on March 3, 2009 denying Council's 3582 motion. As the district court had already ruled on the motion, the court of appeals denied the petition for writ of mandamus as moot.

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    4 views2 pages

    In Re: Council V., 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    Herbert Council filed a petition for a writ of mandamus claiming undue delay by the district court in ruling on his motion for reduction of sentence under 28 U.S.C. 3582. The court of appeals reviewed the district court docket and found that the district court had entered a final order on March 3, 2009 denying Council's 3582 motion. As the district court had already ruled on the motion, the court of appeals denied the petition for writ of mandamus as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1287

    In Re:

    HERBERT COUNCIL,
    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    September 29, 2009

    (3:92-cr-00097-GCM-20)

    Decided:

    December 9, 2009

    Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Herbert Council, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Herbert Council petitions for a writ of mandamus based
    on undue delay by the district court in acting upon his motion
    for reduction of sentence, 28 U.S.C. 3582 (2006).

    Our review

    of the district courts docket reveals that the district court


    entered a final order on March 3, 2009, denying Councils 3582
    motion.

    In

    light

    of

    the

    courts

    action,

    Councils petition for writ of mandamus.

    we

    deny

    as

    moot

    We grant Councils

    motion to proceed in forma pauperis and 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.
    PETITION DENIED

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