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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


Certiorari denied · May 4, 2026

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

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, May 4, 2026 · Certiorari denied

Proceedings

  1. May 04 2026
    Petition DENIED.
  2. Apr 16 2026
    DISTRIBUTED for Conference of 5/1/2026.
  3. Apr 09 2026
    Waiver of right of respondent United States to respond filed.
  4. Nov 30 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 7, 2026)