Gerald L. Stow, Petitioner-appellant, v. William Perrill, Also Known As Bill Perrill, Warden, Fcienglewood, Co, Respondent-appellee, 30 F.3d 142 (10th Cir. 1994)

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US Court of Appeals for the Tenth Circuit - 30 F.3d 142 (10th Cir. 1994) July 20, 1994

Before LOGAN, TACHA, and BRORBY, Circuit Judges.



Petitioner Gerald L. Stow appeals from a district court order denying him bail pending the district court's determination of his petition for habeas corpus, filed pursuant to 28 U.S.C. 2241. We review the district court's ruling under a deferential standard, deciding whether petitioner has raised a substantial issue on which he is likely to prevail, and whether exceptional circumstances exist which warrant granting bail. See Pfaff v. Wells, 648 F.2d 689, 693 (10th Cir. 1981); Ostrer v. United States, 584 F.2d 594, 599 (2d Cir. 1978). Upon consideration thereof, we conclude that petitioner has not demonstrated special circumstances. His contention that he has served his full sentence is not enough to demonstrate special circumstances. See Iuteri v. Nardoza, 662 F.2d 159, 162 (2d Cir. 1981).

Therefore, upon careful consideration of the parties' briefs on appeal, together with attachments, we conclude that the district court's order should be, and therefore is, AFFIRMED.


This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3