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Milad Shaker v. United States

IFP petition · United States Court of Appeals for the Third Circuit, No. 23-3104 · judgment March 14, 2025


Certiorari denied · October 6, 2025

Questions presented

  1. Whether a court may impose sentencing or supervised release after dismissing a criminal case under Federal Rule of Criminal Procedure 48(a) , where no valid indictment or conviction remained.

  2. Whether post-dismissal proceedings are void ab initio when no lawful judgment of conviction was ever entered following a case-ending dismissal.

  3. Whether concealment of a dismissal order, misidentification using an incorrect Social Security Number, and suppression of exculpatory evidence constitute fraud on the court warranting relief under Rule 60 (b) (4) .

  4. Whether appellate courts must provide reasoning.when denying review of structural jurisdictional and constitutional claims involving dismissal and fraud.

  5. Whether a district court's denial of a stayed and never-reopened § 2255 petition violates jurisdictional limits and due process protections under 28 U.S.C. § 2255 and Article III.

Counsel of record

For petitioner
Milad Shaker

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Sep 05 2025
    Supplemental brief of petitioner Milad Shaker filed.
  3. Jul 24 2025
    DISTRIBUTED for Conference of 9/29/2025.
  4. Jul 22 2025
    Waiver of right of respondent United States to respond filed.
  5. Jun 07 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2025)