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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
Questions presented
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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.
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Whether post-dismissal proceedings are void ab initio when no lawful judgment of conviction was ever entered following a case-ending dismissal.
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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) .
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Whether appellate courts must provide reasoning.when denying review of structural jurisdictional and constitutional claims involving dismissal and fraud.
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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
- Oct 06 2025Petition DENIED.
- Sep 05 2025Supplemental brief of petitioner Milad Shaker filed.
- Jul 24 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 22 2025Waiver of right of respondent United States to respond filed.
- Jun 07 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2025)