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`UNITED STATES COURT OF APPEALS
`FOR THE FOURTH CIRCUIT
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`No. 23-1652
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`In re: RICHARD E. BOGGS
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` Petitioner.
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`On Petition for Writ of Mandamus to the United States District Court for the District of
`South Carolina, at Columbia. (3:22-cr-00221-CMC-1)
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`Submitted: June 27, 2023
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`Decided: June 29, 2023
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`Before WYNN, QUATTLEBAUM, and HEYTENS, Circuit Judges.
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`Petition denied by unpublished per curiam opinion.
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`Richard E. Boggs, Petitioner Pro Se. John C. Potterfield, Assistant United States Attorney,
`OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
`Respondent.
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`Unpublished opinions are not binding precedent in this circuit.
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`PER CURIAM:
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`Richard E. Boggs petitions for a writ of mandamus seeking an order voiding his
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`conviction and dismissing his criminal proceeding. He has also moved to stay his
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`sentencing pending our decision. We conclude that Boggs is not entitled to mandamus
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`relief.
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`Mandamus relief is a drastic remedy and should be used only in extraordinary
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`circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown,
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`LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when
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`the petitioner has a clear right to the relief sought and “has no other adequate means to
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`attain the relief [he] desires.” Murphy-Brown, 907 F.3d at 795 (alteration and internal
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`quotation marks omitted). Mandamus may not be used as a substitute for appeal. In re
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`Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
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`The relief sought by Boggs is not available by way of mandamus. Accordingly, we
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`deny the petition for writ of mandamus and deny Boggs’ motion to stay. We dispense with
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`oral argument because the facts and legal contentions are adequately presented in the
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`materials before this court and argument would not aid the decisional process.
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`PETITION DENIED
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`2
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