No. 25-5106

Milad Shaker v. United States

Lower Court: Third Circuit
Docketed: 2025-07-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-claims criminal-procedure due-process fraud-on-court jurisdictional-nullity post-conviction-relief
Latest Conference: 2025-09-29
Question Presented (from Petition)

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.

Question Presented (AI Summary)

Whether post-dismissal proceedings are void when no lawful conviction was entered and whether concealment of dismissal and suppression of exculpatory evidence constitute fraud on the court

Docket Entries

2025-10-06
Petition DENIED.
2025-09-05
Supplemental brief of petitioner Milad Shaker filed.
2025-07-24
DISTRIBUTED for Conference of 9/29/2025.
2025-07-22
Waiver of United States of right to respond submitted.
2025-07-22
Waiver of right of respondent United States to respond filed.
2025-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2025)

Attorneys

Milad Shaker
Milad Shaker — Petitioner
United States
D. John SauerSolicitor General, Respondent