United States of America v. Anthony L. Austin, also known as Wa'il Mansur Muhannad

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-1465
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Anthony L. Austin, also known as Wa'il Mansur Muhannad
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of Nebraska - Omaha
____________
Submitted: October 7, 2014
Filed: October 10, 2014
[Unpublished]
____________
Before WOLLMAN, BYE, and SMITH, Circuit Judges.
____________
PER CURIAM.
Anthony Austin appeals the district court’s 1 order denying his motion for
declaratory judgment and injunctive relief, construed by the court as a 28 U.S.C.
1
The Honorable Joseph F. Bataillon, United States District Judge for the District
of Nebraska.

-- 1 of 2 --

§ 2241 petition. Austin challenged the validity of a warrant and detainer issued against
him by the United States Parole Commission, contending that the Parole Commission
lacked authority to supervise him or treat him as a parolee. Following de novo review,
we affirm the denial of relief, because the Parole Commission has not yet acted on the
warrant that Austin claims is invalid. See Parrish v. Dayton, 761 F.3d 873, 875-76 (8th
Cir. 2014) (explaining ripeness). Accordingly, we modify the judgment to reflect that
it is without prejudice to Austin’s right to raise his challenge in the future, should the
Parole Commission execute the warrant.
______________________________
-2-

-- 2 of 2 --