IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20945
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH STAFFORD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-1400
USDC No. H-96-CR-79-1
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April 11, 2001
Before EMILIO M. GARZA, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Joseph Stafford appeals the district court’s denial of his
motion for release on bond pending the disposition of his 28
U.S.C. § 2255 motion. Release on bail should be granted to a
prisoner pending post-conviction collateral review “only when the
[movant] has raised substantial constitutional claims upon which
he has a high probability of success, and also when extraordinary
or exceptional circumstances exist which make the grant of bail
necessary to make the habeas remedy effective.” Calley v.
*
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that this opinion should not be published and is not precedent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. 00-20945
-2-
Callaway, 496 F.2d 701, 702 (5th Cir. 1974). Examples of
“extraordinary circumstances” include the serious deterioration
of the movant’s health while incarcerated, short sentences for
relatively minor crimes so near completion that extraordinary
action is essential to make collateral review truly effective,
and extraordinary delay in processing a § 2255 motion. See id.
at 702 n.1.
Stafford’s brief raises various allegations challenging his
conviction and sentence. Stafford, however, fails to show that
“extraordinary or exceptional circumstances exist” necessitating
his release on bond to make the post-conviction remedy effective.
Thus, irrespective of the merits of his claims, which the
district court has not yet ruled on, the court did not err by
denying his motion for release on bond.
AFFIRMED.