Hines v. U.S.

1 Citing case

  1. Linder v. United States

    Case No. 5:16-cv-00018-RLV (W.D.N.C. May. 18, 2017)   Cited 2 times

    In the § 2255 context, release pending appeal is reserved for "extraordinary cases involving special circumstances or a high probability of success." Hines v. United States, 2007 WL 3407518, at *1 (W.D.N.C. Nov. 15, 2007) (quoting Land v. Deeds, 878 F.2d 318 (9th Cir. 1989)). Thus, in order to obtain release pending the resolution of his § 2255 Motion, Linder must show (1) "that his petition presents a substantial constitutional claim upon which he has a high probability of success," and (2) "that extraordinary circumstances warrant his release."