United States v. Coleman

86 F. App'x 586

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 3, 2004
• Docket: 03-7366
• Status: Unpublished

Opinion

PER CURIAM.

Mark F. Coleman appeals the district court order denying his motion for release on bond pending resolution of his 28 U.S.C. § 2255 (2000) motion. A person seeking interim release during pursuit of § 2255 relief faces a formidable barrier created by the fact of conviction and the government’s interest in executing its judgment. Coleman has failed to establish exceptional circumstances warranting relief. We further find Coleman did not present “a clear case on the law, ... [or] a clear, and readily evident, case on the facts.” Glynn v. Donnelly, 470 F.2d 95, 98 (1st Cir.1972) (citation omitted); see also Martin v. Solem, 801 F.2d 324, 329 (8th Cir.1986). We therefore affirm the district court’s order denying his request for release on bond. We deny as moot Coleman’s motion to expedite the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED