USA v. Schuster

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES OF AMERICA,
Plaintiff, 	Case Nos. 1:16-cr-51
vs.
ERIC MICHAEL SCHUSTER, 	District Judge Michael J. Newman
Defendant.
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ORDER: (1) STAYING THIS CASE; (2) PERMITTING COUNSEL FOR EITHER
PARTY TO FILE, BY NOVEMBER 25, 2025, A MOTION AND SUPPORTING
MEMORANDUM ADDRESSING THE JURISDICTIONAL ISSUE SET FORTH
HEREIN; AND (3) REQUIRING COUNSEL TO ADVISE THE COURT ONCE THE
CASE IS RESOLVED IN THE SUPREME COURT
_____________________________________________________________________________
On October 14, 2025, the parties in this felony criminal case filed a joint motion for a
change of plea hearing. Doc. No. 106. On November 3, 2025, the Clerk of Court docketed a letter
from the United States Supreme Court reporting that Defendant had filed a petition for a writ of
certiorari. Doc. No. 107.
In view of Defendant’s cert. petition now pending in the Supreme Court, the Court
assumes—without deciding—that Defendant’s motion for a change of plea hearing in this case is
stayed. Cf. United States v. Ellenbogen, 390 F.2d 537, 542 (2d Cir. 1968) (“It is essential to orderly
functioning of the procedures for review that once a case has left the district court and is proceeding
to the court of appeals and thence to the Supreme Court, the district court cannot make changes in
the record of the case or in the disposition made of it.”); but compare Wheatt v. City of East
Cleveland, No. 1:17-cv-377, 2018 WL 4501053, at *1 (N.D. Ohio Sep. 20, 2018) (“The issuance
[by the Court of Appeals] of a mandate transfers jurisdiction of the case back to the District Court,
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and the filing of a cert petition does not automatically stay district court proceedings” (citation
amended)). If counsel for either party disagrees, he may file in this Court a motion and supporting
memorandum addressing whether this Court has jurisdiction to proceed with Defendant’s change
of plea and sentencing hearings while Defendant’s cert. petition is pending.
Accordingly, this case is STAYED. Counsel may FILE, by November 25, 2025, a motion
and supporting memorandum addressing the jurisdictional issue set forth above. Additionally,
counsel shall ADVISE the Court when the case is resolved in the Supreme Court.
IT IS SO ORDERED.
November 6, 2025 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
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