United States v. Eliely , 276 F. App'x 270 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7368
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHAWN ELIELY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Raymond A. Jackson,
District Judge. (4:04-cr-00078-RAJ)
Submitted: April 16, 2008 Decided: May 2, 2008
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Shawn Eliely, Appellant Pro Se. Scott W. Putney, Assistant United
States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Newport
News, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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 (1949).
2
We also deny Eliely’s motion to expedite as moot and deny his
motion for summary relief.
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