United States v. Thomas E. Swann ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 99-4459
THOMAS EUGENE SWANN, SR.,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Maryland, at Baltimore.
Andre M. Davis, District Judge.
(CR-97-128, CA-99-991-AMD)
Submitted: August 3, 1999
Decided: September 17, 1999
Before MURNAGHAN and LUTTIG, Circuit Judges,
and BUTZNER, Senior Circuit Judge.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Thomas Eugene Swann, Sr., Appellant Pro Se. Lynne Ann Battaglia,
United States Attorney, Harvey Ellis Eisenberg, Assistant United
States Attorney, Baltimore, Maryland, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Thomas Swann appeals the district court order denying his request
for release on bail pending the disposition of his motion filed under
28 U.S.C.A. § 2255 (West. Supp. 1999). A denial of bail is an appeal-
able collateral order. See United States v. Smith, 835 F.2d 1048, 1049-
50 (3d Cir. 1987); Cherek v. United States, 767 F.2d 335, 337 (7th
Cir. 1985). A person seeking interim release during pursuit of § 2255
relief, however, faces a formidable barrier created by the fact of con-
viction and the government's interest in executing its judgment. "[I]n
the absence of exceptional circumstances . . . the court will not grant
bail prior to the ultimate final decision unless[the applicant] presents
not merely a clear case on the law, . . . but 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).
Having reviewed the record, we find that Swann has failed to meet
this burden. We therefore affirm the district court's order denying
Swann's request for release on bail. Swann's motion for release on
bail pending appeal is denied. 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
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