United States v. Pratt , 304 F. App'x 299 ( 2008 )


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  •            IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    December 23, 2008
    No. 08-30142
    Summary Calendar                   Charles R. Fulbruge III
    Clerk
    UNITED STATES OF AMERICA
    Plaintiff-Appellee
    v.
    CARL PRATT
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 5:06-CV-1050
    USDC No. 5:03-CR-50075
    Before DAVIS, GARZA, and PRADO, Circuit Judges.
    PER CURIAM:*
    Carl Pratt, federal prisoner # 11902-035, appeals the district court’s denial
    of his motion for release pending the disposition of his 
    28 U.S.C. § 2255
     motion.
    Release pending disposition of a § 2255 motion will be granted only if (1) the
    petitioner has raised a substantial constitutional claim upon which he has a high
    probability of success, and (2) extraordinary or exceptional circumstances exist
    which make the grant of bail necessary to make the habeas remedy effective.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 08-30142
    Calley v. Callaway, 
    496 F.2d 701
    , 702 (5th Cir.1974). Regardless of the merits
    of Pratt’s claims, upon which the district court has not yet ruled, Pratt has not
    pointed to any “extraordinary or exceptional circumstances” which necessitate
    his release to make the post-conviction remedy effective. The district court did
    not err by denying Pratt’s motion for release.
    AFFIRMED.
    2
    

Document Info

Docket Number: 08-30142

Citation Numbers: 304 F. App'x 299

Judges: Davis, Garza, Per Curiam, Prado

Filed Date: 12/23/2008

Precedential Status: Non-Precedential

Modified Date: 8/2/2023