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Ahmad Abouammo v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 22-10348 · judgment December 4, 2024


Decided · June 11, 2026

Questions presented

Granted limited to question 1 presented by the petition. As part of an investigation into a scheme to disclose nonpublic Twitter account information to foreign actors, San Francisco-based FBI agents visited Petitioner Ahmad Abouammo at his home in Seattle. While they were there, Mr. Abouammo went upstairs and emailed them an allegedly falsified document. Mr. Abouammo's only interaction with the agents occurred in Seattle. A grand jury in the Northern District of California indicted Mr. Abouammo for (among other things) falsifying documents with the intent to impede an investigation. The parties then agreed to toll the statute of limitations for other uncharged offenses. On the day the tolling agreement expired, the government filed a superseding information adding various felony counts. Mr. Abouammo never waived prosecution by indictment. See Fed. R. Crim. P. 7(b). Four months after the limitations period had expired, the government dismissed this placeholder information and replaced it with a superseding indictment containing the same charges. The questions presented are:

  1. Whether venue is proper in a district where no offense conduct took place, so long as the statute's intent element "contemplates" effects that could occur there.

  2. Whether a criminal information unaccompanied by a waiver of indictment is an "information charging a felony" that allows the government to unilaterally extend the statute of limitations under 18 U.S.C. § 3288.

Counsel of record

For petitioner
Jodi Linker
Federal Public Defender ND California

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage · 2 merits
(2 supporting pet./neither)

Linked docket
24A1209

Argument & decision

Argued March 30, 2026 — Tobias S. Loss-Eaton · Anthony A. Yang. Audio and transcript

Decided June 11, 2026. Opinion by Kagan.

Proceedings

  1. Jul 13 2026
    Judgment Issued.
  2. Jun 11 2026
    Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
  3. Mar 30 2026
    Argued. For petitioner: Tobias S. Loss-Eaton, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Mar 20 2026
    Reply of petitioner Ahmad Abouammo filed. (Distributed)
  5. Mar 06 2026
    Record received electronically from the United States District Court for the Northern District of California and available with the Clerk.
  6. Feb 25 2026
    CIRCULATED
  7. Feb 20 2026
    Sealed material received electronically from the United States Court of Appeals for the Ninth Circuit. The remainder of the record is electronic and is available on PACER.
  8. Feb 19 2026
    Brief of respondent United States filed.
  9. Feb 05 2026
    Record requested from the United States Court of Appeals for the Ninth Circuit.
  10. Jan 30 2026
    SET FOR ARGUMENT on Monday, March 30, 2026.
  11. Jan 27 2026
    Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
  12. Jan 27 2026
    Brief amicus curiae of Cato Institute filed.
  13. Jan 20 2026
    Brief of petitioner Ahmad Abouammo filed.
  14. Jan 20 2026
    Joint appendix filed. (Statement of costs filed)
  15. Dec 05 2025
    Motion to proceed in forma pauperis granted. The petition for a writ of certiorari is GRANTED limited to Question 1 presented by the petition.
  16. Dec 01 2025
    DISTRIBUTED for Conference of 12/5/2025.
  17. Nov 06 2025
    DISTRIBUTED for Conference of 11/21/2025.
  18. Nov 05 2025
    Reply of petitioner Ahmad Abouammo filed. (Distributed)
  19. Oct 17 2025
    Brief of respondent United States in opposition filed.
  20. Sep 11 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including October 17, 2025.
  21. Sep 09 2025
    Motion to extend the time to file a response from September 17, 2025 to October 17, 2025, submitted to The Clerk.
  22. Aug 18 2025
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  23. Aug 18 2025
    Brief amicus curiae of Cato Institute filed.
  24. Aug 08 2025
    Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2025.
  25. Aug 07 2025
    Motion to extend the time to file a response from August 18, 2025 to September 17, 2025, submitted to The Clerk.
  26. Jul 16 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2025)
  27. Jun 09 2025
    Application (24A1209) granted by Justice Kagan extending the time to file until July 16, 2025.
  28. Jun 05 2025
    Application (24A1209) to extend the time to file a petition for a writ of certiorari from June 16, 2025 to July 16, 2025, submitted to Justice Kagan.