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Abid Naseer v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 23-37 · judgment April 21, 2025
Question presented
After succeeding in vacating a 40 year sentence on §2255, Naseer had the remainder of his terms restructured to increase his term of incarceration. This was done with none of the requirements of due process - appointment of counsel, hearing, or a new P.S.R. The Second Circuit Court of Appeals upheld this as a "purely min isterial" sentence "correction." What is the difference between a "sentencing correction," which does not require a hearing, and a "resentencing," which does? Where is the line between them? Should a judge on §2255 be able to increase or restructure remaining counts after vacatur without a hearing?
Counsel of record
For petitioner
Abid Naseer
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- May 04 2026Petition DENIED.
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 09 2026Waiver of right of respondent United States to respond filed.
- Nov 30 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 7, 2026)