United States v. Eliely
Cases that cite this one
5 later published cases cite this decision.
- Coreas v. Bounds (District Court, D. Maryland 2021)
- Rhodes v. Dobbs (District Court, D. South Carolina 2020)
- Ingram v. United States (District Court, W.D. North Carolina 2019)
- Brandon v. United States (District Court, W.D. North Carolina 2021)
- Young v. Antonelli (District Court, D. South Carolina 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Shawn Eliely appeals the district court’s order denying his motion for release on recognizance or bail pending the court’s consideration of Eliely’s post-conviction motion filed under 28 U.S.C. § 2255 (2000). 1 Before a prisoner may be released on bail pending a collateral attack on his conviction, he must show substantial constitutional claims on which he has a high probability of success, and exceptional circumstances making a grant of bail necessary for the habeas remedy to be effective. See Lee v. Jabe, 989 F.2d 869, 871 (6th Cir. 1993); Calley v. Callaway, 496 F.2d 701, 702 (5th Cir. 1974). Eliely fails *271 to meet this standard. Accordingly, we affirm the district court’s order. 2
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.
. We have jurisdiction over this appeal under the collateral order doctrine. See Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-57, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949).
. We also deny Eliely's motion to expedite as moot and deny his motion for summary relief.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.