Summary Calendar UNITED STATES OF AMERICA v. Carl Pratt

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 08-30142
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CARL PRATT
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:06-CV-1050
USDC No. 5:03-CR-50075
Before DAVIS, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Carl Pratt, federal prisoner # 11902-035, 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 § 2255 motion will be granted only if (1) the
petitioner has raised a substantial constitutional claim upon which he has a high
probability of success, and (2) extraordinary or exceptional circumstances exist
which make the grant of bail necessary to make the habeas remedy effective.
United States Court of Appeals
Fifth Circuit
F I L E D
December 23, 2008
Charles R. Fulbruge III
Clerk

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No. 08-30142
2
Calley v. Callaway, 496 F.2d 701, 702 (5th Cir.1974). Regardless of the merits
of Pratt’s claims, upon which the district court has not yet ruled, Pratt has not
pointed to any “extraordinary or exceptional circumstances” which necessitate
his release to make the post-conviction remedy effective. The district court did
not err by denying Pratt’s motion for release.
AFFIRMED.

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