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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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 6, 2025 · Certiorari denied

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)