Russell v. United States

Opinion

MEM ENDORSED ree Nofbneet? ahiyrten , ~~]. NS 2. 4e © AP es OO NG { & Balen in dorrredl.. . □□□ - et □□□ 5 ) hinathe nefpeXd Lor Doo prerad! to ep at Dry adie! Oy EAE j □□□ :/ be % PO ic hath; Pucnuce RUSSELL leur (dus Po bed wut MAA by Ride, BNE by Donnell Russell , PO LPs Aa! APLAMLE Fe) Do Deel erbueled ur man MEO“ wat □ □□ dae. (Taub 0, (die be28) 04 G(R). V0 Ree Cyfow aA Vee : e CP RT . 4 A fr □□ fendant □□□ enyint Gyles eu Dodd vot rahe. HAP tVront Hal ogy STATES OF AMERICA Ur _{ 4 □ prerolurg hy Aro giplahe, oa Ae □□ MOPPLA OA G oh Ges) Cage #°1:23-cv-07915-PGG □□ | . (Re. Case #: 1:20:ct DRSBERR □□□□ Petitioner Donnell Russell respectfully moves the Court for bail pending the resolution of his 2255 petition. yOu Ay Federal courts have the inherent authority to admit section 2255 movants to bail pending the daikon Gare □□□□□ □□ is “to be exercised very sparingly." Cherek v. United States, 767 F. 2d 335, 337 (7th Cir. 1985). Accordingly, □□□□□□□□ 2255 movant may be released on bail, they must be able to show a substantial claim of law upon which there is a ‘sf of success, or some exceptional circumstance that makes the grant of bail necessary in the interest of justice. See ited States v. Mett, 41 F. 3d 1281, 1282 (Sth Cir. 1994); Ostrer v. United States, 584 F. 2nd 594, 596 □□□ (2d Cir. 1978); v May, 85 S, Ct. 3, 5, 13 L. Ed. 2d 6 (1964) (Douglas, J., on application for bail). Bail is warranted in this case because Russell can show a substantial claim of law upon which there is a high probability of and because of an exceptional circumstance that makes the grant of bail necessary in the interests of justice. Substantial.Claim of Law. Russell's 2255 petition presents a substantial claim of law. It alleges that his attorney failed to honor Russell's text messac instructions to allow Russell to testify on his own behalf. The government can quickly verify Russell claim by calling ssell's attorney to confirm this point. To the ‘extent this communication (and related communications) is attorney-client- then Russell waives the privilege. The claim of law arising from these circumstances is substantial. □□□□□□□□□ hav obligation to honor a client's decision to testify in a criminal proceeding and are deficient when they fail to do sa. e prejudice is also capable of being quickly verified. Russell and the likely threat caller (Michae! Williams) are both in the Federal Bureau of Prisons. The government can access their recorded phone calls and have Mr. □□□□□□□□ person who fielded the threat call - identify which individual was the threat caller: Russell or Mr. Williams, When the- verifies that Russell was not the threat caller, there will be nothing left to do other than order vacatur of Russell's There is no reason for Russell to remain imprisoned during the remaining stages of these.proceedings. Exceptional Circumstances. : Russell's imprisonment presents exceptional circumstances that make the grant of bail necessary in the interest of justice. attached letters of Donnell Russell identifies the unique personal safety issues that Russell is facing owing to the in the prison environment and the significant media coverage of his cases. , Conclusion. The Court should grant Russell's motion for bail. Russell's 2255 petition presents a substantial claim of law upon which is a high probability of success, Russell faces unique personal safety issues that make the grant of bail necessary in th of justice. :

Submitted, “Oo ) ws Mh fie Dated: September 25, 2023 .

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