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Lamor Whitehead v. United States

IFP petition · United States Court of Appeals for the Second Circuit, No. 24-1769 · judgment January 6, 2026


Pending

Questions presented

  1. May a prosecution under 18 U.S.C. § 1001, which is based exclusively on a false statement allegedly made in New Jersey to an agent physically present in New Jersey, be prosecuted in the Southern District of New York where the sole connection to that district is that an investigation was then ongoing there, implicating Abouammo v. United States, Docket No. 25-5146?

  2. May a district court permit a witness called by the defense to make a blanket invocation of the Fifth Amendment as opposed to ruling on whether he can invoke it as to each specific question?

  3. May a “sophisticated means” enhancement be properly imposed where the means and methods allegedly used by the defendant are commonly known to the general public and capable of being used without specialized expertise or tools?

  4. Was petitioner Whitehead denied a fair trial by reason of the district court’s excessive admission of Rule 404(b) material? i

Counsel of record

For petitioner
Jonathan I. Edelstein
Edelstein & Grossman

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 13 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 27 2026
    Memorandum of respondent United States filed.
  3. Jun 22 2026
    Motion to extend the time to file a response is granted and the time is extended to and including July 27, 2026.
  4. Jun 18 2026
    Motion to extend the time to file a response from June 25, 2026 to July 27, 2026, submitted to The Clerk.
  5. May 20 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 25, 2026)