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In re Swain

United States Court of Appeals, Fourth Circuit
Oct 11, 2023
No. 23-1970 (4th Cir. Oct. 11, 2023)

Opinion

23-1970

10-11-2023

In re: MITCHELL SWAIN, Petitioner.

Mitchell Swain, Petitioner Pro Se.


UNPUBLISHED

Submitted: September 29, 2023

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)

Mitchell Swain, Petitioner Pro Se.

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

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

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.


Summaries of

In re Swain

United States Court of Appeals, Fourth Circuit
Oct 11, 2023
No. 23-1970 (4th Cir. Oct. 11, 2023)
Case details for

In re Swain

Case Details

Full title:In re: MITCHELL SWAIN, Petitioner.

Court:United States Court of Appeals, Fourth Circuit

Date published: Oct 11, 2023

Citations

No. 23-1970 (4th Cir. Oct. 11, 2023)