United States v. Roberts

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60385
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL G. ROBERTS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:00-CV-174-WS
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February 22, 2001
Before SMITH, BENAVIDES, and DENNIS Circuit Judges.
PER CURIAM:*
Michael G. Roberts 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 habeas review “only when the
petitioner 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. Callaway, 496 F.2d 701, 702 (5th Cir. 1974). Examples

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of “extraordinary circumstances” include the serious
deterioration of the petitioner’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 habeas
petition. See id. at 702 n.1.
Regardless of the merits of Roberts’ claims, on which the
district court has not yet ruled, Roberts has failed to show the
existence of any "extraordinary or exceptional circumstances"
necessitating his release on bond to make the post-conviction
remedy effective. Because Roberts’ allegations thus do not
justify a grant of release on bail pending determination of the
merits of his § 2255 motion, the district court did not err by
denying Roberts’ motion for bond. See id. at 703.
AFFIRMED.

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