U.S. Court of Appeals for the Fourth Circuit, 2023

In re: Carissa Brown

In re: Carissa Brown
U.S. Court of Appeals for the Fourth Circuit · Decided July 12, 2023

In re: Carissa Brown

Opinion

USCA4 Appeal: 23-1409 Doc: 9 Filed: 07/12/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1409

In re: CARISSA EUGENIA BROWN, Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Western District of North Carolina, at Charlotte. (3:20-cr-00415-MOC-WCM-1)

Submitted: June 9, 2023 Decided: July 12, 2023

Before DIAZ. Chief Judge, RICHARDSON, Circuit Judge, and MOTZ, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Carissa Eugenia Brown, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-1409 Doc: 9 Filed: 07/12/2023 Pg: 2 of 2

PER CURIAM: Carissa Eugenia Brown pled guilty to wire fraud, in violation of 18 U.S.C. § 1343, and money laundering, in violation of 18 U.S.C. § 1957. She is currently awaiting sentencing. After determining that Brown violated the terms of her pretrial release, the magistrate judge revoked her bond and ordered her detained pending sentencing. * Brown now petitions for a writ of mandamus, requesting that this Court order her immediate release. We conclude that Brown is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought and “has no other adequate means to attain the relief [she] desires.” Murphy-Brown, 907 F.3d at 795 (cleaned up). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).

The relief Brown seeks is not available by way of mandamus. Accordingly, we deny the petition for 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

* This Court previously dismissed for lack of jurisdiction Brown’s appeal of the magistrate judge’s order.

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