Leon Clifford Foster, Petitioner-appellant, v. Fred J. Stock, Warden, Respondent-appellee, 947 F.2d 949 (9th Cir. 1991)
Annotate this CaseBefore SNEED, HUG and LEAVY, Circuit Judges.
MEMORANDUM**
Leon Clifford Foster, a federal prisoner, appeals pro se the dismissal as moot of his 28 U.S.C. § 2255 motion seeking release on bail pending his direct appeal because the government had delayed the production of trial transcripts in violation of various of his constitutional rights. We affirm.
Absent the most unusual circumstances, a federal prisoner may not collaterally attack his sentence and conviction while his direct appeal is pending because disposition of the appeal may render the collateral attack unnecessary. Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.), cert. denied, 488 U.S. 982 (1988); Feldman v. Henman, 815 F.2d 1318, 1320-21 (9th Cir. 1987).
Because Foster's direct appeal was pending, this court had jurisdiction to resolve the issue whether Foster was entitled to release pending appeal, and the district court could not entertain his section 2255 motion. See Feldman, 815 F.2d at 1320-22.
AFFIRMED.
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