United States v. Richard Blackstone

OPINION

Richard Scott Blackstone, a federal prisoner proceeding pro se, appeals from the District Court’s order denying as moot his request for mandamus relief. For the reasons that follow, we will modify that order and summarily affirm it as modified.

I

In November 2011, Blackstone pleaded guilty in the District Court to conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine, in violation of 21 U.S.C. § 846. In May 2012, the District Court sentenced him to 75 months’ imprisonment. His appeal from that judgment was unsuccessful.

On July 31, 2013, the…