In re: Tavis Houpe

U.S. Court of Appeals for the Fourth Circuit

In re: Tavis Houpe

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-2417

In re: TAVIS LABRON HOUPE,

Petitioner.

On Petition for Writ of Mandamus. (No. 1:15-cr-00193-CCE-1)

Submitted: March 29, 2018 Decided: April 2, 2018

Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Tavis Labron Houpe, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Tavis Labron Houpe petitions for a writ of mandamus, requesting that we direct

the district court to conform the drug amounts that support his 2015 sentence for a federal

drug offense to the laboratory report that he presented in his

28 U.S.C. § 2255

motion.

To the extent that Houpe challenges the district court’s disposition of his § 2255 motion,

a mandamus petition is not a proper substitute for a direct appeal, In re Lockheed Martin

Corp.,

503 F.3d 351, 353

(4th Cir. 2007), and, in any event, we have already considered

and rejected Houpe’s appeal from the § 2255 ruling. United States v. Houpe,

704 F. App’x 276, 277

(4th Cir. 2017) (No. 17-6965). Accordingly, although we grant leave to

proceed in forma pauperis, we deny Houpe’s petition for a writ of mandamus. 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

2

Reference

Status
Unpublished