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

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    The United States Court of Appeals for the Fourth Circuit denied Robert Tillery's petition for a writ of mandamus. Tillery had alleged undue delay by the district court in acting on his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). However, the Court of Appeals' review found that the district court had recently denied Tillery's motion by order on November 1, 2009. Therefore, the petition for mandamus was denied as moot since the district court had now acted on the motion.

    Original Description:

    Filed: 2009-12-23 Precedential Status: Non-Precedential Docket: 09-2139

    Original Title

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

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    The United States Court of Appeals for the Fourth Circuit denied Robert Tillery's petition for a writ of mandamus. Tillery had alleged undue delay by the district court in acting on his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). However, the Court of Appeals' review found that the district court had recently denied Tillery's motion by order on November 1, 2009. Therefore, the petition for mandamus was denied as moot since the district court had now acted on the motion.

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    11 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Robert Tillery's petition for a writ of mandamus. Tillery had alleged undue delay by the district court in acting on his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). However, the Court of Appeals' review found that the district court had recently denied Tillery's motion by order on November 1, 2009. Therefore, the petition for mandamus was denied as moot since the district court had now acted on the motion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-2139

    In Re:

    ROBERT EDWARD TILLERY,


    Petitioner.

    On Petition for Writ of Mandamus.


    (5:01-cr-00253-BO-1)

    Submitted:

    December 17, 2009

    Decided:

    December 23, 2009

    Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Robert Edward Tillery, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert

    Edward

    Tillery

    petitions

    for

    writ

    of

    mandamus, alleging the district court has unduly delayed acting


    on

    his

    motion

    3582(c)(2)

    for

    (2006).

    reduction
    He

    of

    seeks

    sentence

    an

    directing the district court to act.


    sheet

    and

    Tillerys

    record
    motion

    Accordingly,

    reveals
    by

    because

    that

    order
    the

    the

    entered

    district

    order

    under
    from

    18

    U.S.C.

    this

    court

    Our review of the docket


    district
    on

    court

    court

    November
    has

    leave

    to

    proceed

    in

    forma

    pauperis.

    We

    1,

    recently

    Tillerys case, we deny the mandamus petition as moot.


    dispense

    denied
    2009.
    decided
    We grant

    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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