No. 25-7151

Abid Naseer v. United States

Lower Court: Second Circuit
Docketed: 2026-04-07
Status: Pending
Type: IFP
Response WaivedIFP
Tags: appellate-review due-process habeas-corpus resentencing section-2255 sentencing
Latest Conference: 2026-05-01
Question Presented (from Petition)

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 ministerial" 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?

Question Presented (AI Summary)

Whether a judge may increase or restructure a defendant's remaining sentences after vacatur of other counts under 28 U.S.C. § 2255 without a hearing, counsel, or updated presentence report, and what constitutional distinction exists between a 'sentencing correction' and 'resentencing' requiring due process protections

Docket Entries

2026-04-16
DISTRIBUTED for Conference of 5/1/2026.
2026-04-09
Waiver of United States of right to respond submitted.
2026-04-09
Waiver of right of respondent United States to respond filed.
2025-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 7, 2026)

Attorneys

Abid Naseer
Abid Naseer — Petitioner
United States
D. John SauerSolicitor General, Respondent