IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 2, 2009
No. 08-10594
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CLAYTON H FUCHS
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CR-369-1
USDC No. 3:07-CV-958
Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Clayton H. Fuchs, federal prisoner # 29679-177, 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 Section 2255 motion will be granted
only when the prisoner has raised a substantial constitutional claim 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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-10594
postconviction remedy effective. Calley v. Callaway, 496 F.2d 701, 702 (5th Cir.
1974). Regardless of the merits of Fuchs’s claims, upon which the district court
has not yet ruled, Fuchs has not pointed to any “extraordinary or exceptional
circumstances” that necessitate his release to make the postconviction remedy
effective. The district court did not err by denying Fuchs’s motion for release.
Fuchs’s motions to expedite this appeal, to supplement the appeal, and to
require timely action in the district court are denied.
AFFIRMED, MOTION DENIED.
2