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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

Conference history
Distributed for 1 conference

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)