Blair v. Gonzalez

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ANDREW CHRISTOPHER BLAIR,
(SPN # 02265392)
Petitioner,
vs.
ED GONZALEZ, as Harris County
Sheriff,
Respondent.
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§ 	CIVIL ACTION NO. H-26-3123
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MEMORANDUM OPINION AND ORDER
Andrew Christopher Blair, (SPN # 02265392), was formerly detained in the
Harris County Jail. 	Proceeding prose while detained in the jail, he filed a petition
for a federal writ of habeas corpus under 28 U.S.C. § 2241, asking this Court to
remove a federal detainer lodged against him in United States v. Blair, Crim. No.
4:25-cr-260-1 (S.D. Tex.). 	(Dkt. 1). 	He alleges that he is entitled to habeas relief
because the detainer is interfering with his release from county jail on unrelated
. state-court charges. 	(Id. at 6). Under Rule 4 of the Rules Governing Section 2254
Proceedings in the United States District Courts, 1 this Court is required to review a
1
Rule 1 of the Rules Governing Section 2254 Proceedings in the United States
District Courts provides that those rules apply to any petition for writ of habeas corpus,
including those filed under 28 U.S.C. § 2241. 	See Rule l(b), Rules Governing Section
2254 Cases in the United States District Courts.
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United States District Court
Southern District of Texas
ENTERED
May 14, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-03123 Document 5 Filed 05/14/26 in TXSD Page 1 of 5

petition for federal habeas corpus relief and summarily dismiss it if "[i]t plainly
appears from the petition . . . that the petitioner is not entitled to relief." 	After
considering Blair's petition, all matters of record, and the law, the Court dismisses
his petition for the reasons explained below.
I. 	BACKGROUND
Blair was indicted in June 2017 on federal charges of conspiracy to distribute
and possess with intent to distribute methamphetamine and aiding and abetting the
sale, distribution, or dispensing of methamphetamine. 	See United States v. Blair,
Crim. No. 5:17-cr-00506-DAE-3 (W.D. Tex. Sept. 15, 2020), atDkt. 13. In October
2017, he pleaded guilty to the aiding and abetting charge, and the conspiracy charge
was dismissed. Id. at Dkt 61. In July 2018; he was sentenced to 78 months in prison
with credit for time served, to be followed by five years of supervised release. Id. at
Dkt 98.
In May 2023, Blair was released from prison to begin serving his supervised
release. Id. at Dkt 164. His supervision was later transferred to the Southern District
of Texas. 	Id. at Dkt. 176. 	In November 2025, the Government filed a pleading in
the Southern District case alleging that Blair had violated the terms of his supervised
release. 	See United States v. Blair, Crim. No. 4:25-cr-00260-1 (S.D. Tex.), at Dkt
5. That pleading triggered the issuance of a warrant for his arrest. Id. at Dkt 6.
Before his arrest on the federal warrant, Blair was arrested on state charges of
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assault 	on 	a 	family 	member 	in 	Harris 	County 	Cause Number 	1938666 	and
possession of a controlled substance in Harris County Cause Number 1947991. See
Search our Records, www.hcdistrictclerk.com (visited May 12, 2026). Based on the
federal arrest warrant, the Government lodged a detainer against Blair in the state-
court proceedings. Id. 	In March 2026, Blair pleaded guilty to the state-court assault
charge, the possession charge was dismissed, and he was sentenced to one year in
county jail with credit for time served. Id.
In April 2026, Blair filed this federal habeas corpus petition, claiming that the
federal detainer is preventing his release from county jail. (Dkt. 1, p. 6). He alleges
that his continued detention in county jail on the federal detainer violates his
Fourteenth Amendment due process rights and his Eighth Amendment right to be
free from cruel and unusual punishment. 	(Id.). 	He asks this Court to remove the
federal detainer and reinstate his federal supervised release. 	(Id. at 7).
II. 	DISCUSSION
Blair is not entitled to the relief he seeks for two reasons. 	First, he does not
state a claim for which habeas corpus relief is available. 	Habeas relief is available
to a person in custody only if that custody is "in violation of the Constitution or laws
or treaties of the United States." 28 U.S.C. § 2241(c)(3); 28 U.S.C. § 2254(a). The
sole function of a habeas petition is to challenge the cause of the underlying
detention. 	See Pierre v. United States, 525 F.2d 933, 935 (5th Cir. 1976). 	It may
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not be used to challenge matters other than the legality of the petitioner's ongoing
custody. Id. at 936.
But in his petition, Blair does not challenge the legality of his state court
conviction, which is the cause of his underlying detention in the county jail. 	And
while he alleges that the federal detainer is causing his continued detention, he is not
in custody under that detainer and therefore cannot challenge its validity. 	See, e.g.,
Ellis v United States, No. 6:24-cv-099, 2024 WL 4941318, *2 (E.D. Tex. Oct. 15,
2024) (collecting cases holding that a federal detainer, standing alone, does not place
a state inmate in federal custody for purpose of the "in custody" requirement for
habeas relief). Moreover, "a writ of habeas corpus may not be used ... as a substitute
for the ordinary proceedings of a trial court." 	United States v. Bowler, 62 F.3d 397,
1995 WL 449713, *2 (5th Cir. 1995) (per curiam). 	If Blair seeks to challenge the
validity of the federal detainer, he must do so in his federal criminal action rather
than through a separate action for habeas corpus relief. 	His petition for writ of
habeas corpus must be dismissed because it fails to state a viable claim for relief
under either§ 2254(a) or§ 2241(c)(3).
Second, even if the petition stated a viable claim, it would be dismissed
because it appears to now be moot. 	Blair's petition seeks his release from county
jail; however, publicly available records show that he is no longer incarcerated there.
See Find an Inmate, www.harriscountyso.org (visited May 13, 2026). 	Instead, it
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appears that as of May 12, 2026, he is in the custody of the United States Marshal
Service. 	See United States v. 	Blair, Crim. No. 4:25--cr-260-1 	(S.D. Tex.), at
5/12/2026 minute entry. 	His habeas corpus claim seeking release from county jail
thus appears moot and must be dismissed on this basis as well.
III. 	CONCLUSION
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Based on the foregoing, the Court ORDERS as follows:
1. Blair's petition for writ of habeas corpus, (Dkt. 	1), is DISMISSED with
prejudice for failing to state a claim.
2. Any pending motions are DENIED as moot.
3. A certificate of appealability is DENIED. 	See Pack v. Yusujf, 218 F.3d 448,
451 n.3 (5th Cir. 2000).
The Clerk will provide a copy of this Order to the petitioner.
SIGNED at Houston, Texas on 	~ 	I If 1 	, 2026.
~~{Jj±;_DAVID HITTNER
UNITED STATES DISTRICT JUDGE
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