Moya and Petry v Garcia et al.

Moya and Petry appealed dismissal of their 1983 claim for overdetention due to late arraignments. The panel, 2-1, affirmed. The majority held that there was no causation here between Garcia and the wardens’ actions and the overdetentions as scheduling arraignments is solely the responsibility of the courts and New Mexico law places the duty of prompt presentation of arrestees on the arresting officer. It also held that the dissent’s theory was disavowed by Moya or Petry and thus cannot be the basis for reversal. It held there is no municipal liability here as none of the individual defendants’ inaction created liability. It finally held Moya and Perty’s motion to amend was futile as they failed to explain how the amendments would overcome the lack of causation. McHugh dissented in part arguing that Moya and Petry were not afforded the level of process they were due, that their alleged overdetention was actually caused by Garcia and wardens failure to release them in a timely manner, the majority approach is inconsistent with that of the two other circuit to consider similar issues, and improperly allows sheriffs and wardens to violate detainees federal rights not to be overdetained. However, she argued that Garcia and the wardens are entitled to qualified immunity for lack of clearly established law.

United States v Hebert

Hebert appealed his enhanced sentence arguing his Georgia convictions did not relate to sexual abuse. The panel affirmed. It held that the district court improperly used the modified categorical approach in applying 18 USC 2252A(b)(2) as the Georgia statute involved is indivisible and circuit precedent allowing modified categorical approach for indivisible statues has been undermined by subsequent united states Supreme Court decisions. Using the categorical approach, the panel held Georgia Code 16-6-22.1(b) relates to generic sexual abuse under 2252(b)(2) because both require nonconsensual touching involving intimate body parts which are sexual in nature. It finally rejected Hebert’s 6th Amendment challenge as sentencing courts may consider whether the Georgia convictions meet the definition of sexual abuse convictions under 2252(b)(2).