Mazie Louise Jennings appeals the district court’s order denying her request for release on bond pending resolution of her 28 U.S.C. § 2255 (2000) motion. We have reviewed the record and find no reversible error. Jennings is not in custody pending an upcoming trial or appeal, so she does not qualify for release under 18 U.S.C. §§ 3142, 3143 (2000). Accordingly, we affirm the district court’s denial of Jennings’ motion. United States v. Jennings, No. 1:04-cr-00542 (D. Md. June 27, 2006). Although we deny leave to proceed under the Criminal Justice Act, we grant leave to proceed in forma pauperis. 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.