United States v. Eliely

276 F. App'x 270

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 2, 2008
• Docket: 19-1693
• Status: Unpublished

Opinion

PER CURIAM:

Shawn Eliely appeals the district court’s order denying his motion for release on recognizance or bail pending the court’s consideration of Eliely’s post-conviction motion filed under 28 U.S.C. § 2255 (2000). 1 Before a prisoner may be released on bail pending a collateral attack on his conviction, he must show substantial constitutional claims on which he has a high probability of success, and exceptional circumstances making a grant of bail necessary for the habeas remedy to be effective. See Lee v. Jabe, 989 F.2d 869, 871 (6th Cir.1993); Calley v. Callaway, 496 F.2d 701, 702 (5th Cir.1974). Eliely fails to meet this standard. Accordingly, we affirm the district court’s order. 2

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.

1 . We have jurisdiction over this appeal under the collateral order doctrine. See Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-57, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949).

2 . We also deny Eliely's motion to expedite as moot and deny his motion for summary relief.