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) VACATING THE COURT’S PRIOR ORDER STAYING THIS CASE (Doc.
No. 108); (2) SETTING THIS CASE FOR A CHANGE OF PLEA HEARING ON
NOVEMBER 19, 2025 AT 10:00 A.M. IN THE POTTER STEWART UNITED STATES
COURTHOUSE, COURTROOM 2, ROOM 822, CINCINNATI, OHIO; (3)
CONFIRMING THAT THE PARTIES’ JOINT MOTION FOR A CHANGE OF PLEA
HEARING (Doc. No. 106) AND THE GOVERNMENT’S MOTION FOR A CHANGE OF
PLEA HEARING OR TRIAL SETTING (Doc. No. 109) REMAIN PENDING
_____________________________________________________________________________
Previously in this felony criminal case, the parties filed a joint motion for a change of plea
hearing. Doc. No. 106. The Government thereafter filed a notice documenting that Defendant had
filed a petition for a writ of certiorari in the United States Supreme Court. Doc. No. 107.
On November 7, 2025, the Court stayed the parties’ joint motion for a change of plea
hearing based on the assumption that Defendant’s pending cert. petition deprives this Court of
jurisdiction and precludes further proceedings in this Court. Doc. No. 108. The Court also
permitted the parties’ counsel to brief the jurisdictional problem potentially created by Defendant’s
cert. petition. Id.
The next day the Government filed a motion for a change of plea hearing or trial setting,
explaining Defendant’s cert. petition does not deprive this Court of jurisdiction because the United
States Court of Appeals for the Sixth Circuit denied Defendant’s motion to stay its mandate. Doc.
No. 109.
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2
The Court agrees with the Government and finds persuasive United States v. Sears, 411
F.3d 1240 (11th Cir. 2005), the case the Government cites in support of its motion. See Doc. No.
109 at PageID 2234. In Sears, the Eleventh Circuit Court of Appeals held, “the fact that certiorari
proceedings were going forth in the Supreme Court does not divest the district court of jurisdiction
upon the issuance of our mandate remanding for resentencing, and does not vitiate the district
court's resentencing order. In the absence of a stay, the proceedings in the district court were in no
way improper.” Sears, 411 F.3d at 1242.
Accordingly, the Court’s prior Order staying this case is VACATED, and the instant case
is SET for a change of plea hearing on November 19, 2025 at 10:00 a.m. in the Potter Stewart
United States Courthouse, Courtroom 2, Room 822, Cincinnati, Ohio. The parties’ joint motion
for a change of plea hearing and the Government’s motion for a change of plea hearing or trial
setting remain PENDING.
IT IS SO ORDERED.
November 13, 2025 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
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