No. 25-5146

Ahmad Abouammo v. United States

Lower Court: Ninth Circuit
Docketed: 2025-07-18
Status: Pending
Type: IFP
Amici (6)Relisted (2)IFP Experienced Counsel
Tags: criminal-procedure federal-rules indictment prosecutorial-discretion statute-of-limitations venue-statute
Key Terms:
TradeSecret JusticiabilityDoctri
Latest Conference: 2025-12-05 (distributed 2 times)
Question Presented (AI Summary)

Whether venue is proper in a district where no offense conduct took place, and whether a criminal information without a waiver of indictment can extend the statute of limitations

Question Presented (OCR Extract)

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 th is 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.

Docket Entries

2026-02-05
Record requested from the United States Court of Appeals for the Ninth Circuit.
2026-01-30
SET FOR ARGUMENT on Monday, March 30, 2026.
2026-01-27
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
2026-01-27
Brief amicus curiae of Cato Institute filed.
2026-01-27
Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
2026-01-27
Amicus brief of Cato Institute submitted.
2026-01-20
Joint appendix filed. (Statement of costs filed)
2026-01-20
Brief of petitioner Ahmad Abouammo filed.
2026-01-20
Joint Appendix submitted.
2026-01-20
Brief of Ahmad Abouammo submitted.
2025-12-05
Motion to proceed in forma pauperis granted. The petition for a writ of certiorari is GRANTED limited to Question 1 presented by the petition.
2025-12-01
DISTRIBUTED for Conference of 12/5/2025.
2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2025-11-05
Reply of Ahmad Abouammo submitted.
2025-11-05
Reply of petitioner Ahmad Abouammo filed. (Distributed)
2025-10-17
Brief of respondent United States in opposition filed.
2025-10-17
Brief of United States in opposition submitted.
2025-09-11
Motion to extend the time to file a response is granted and the time is further extended to and including October 17, 2025.
2025-09-09
Motion to extend the time to file a response from September 17, 2025 to October 17, 2025, submitted to The Clerk.
2025-09-09
Motion of United States for an extension of time submitted.
2025-08-18
Brief amicus curiae of Cato Institute filed.
2025-08-18
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2025-08-18
Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
2025-08-18
Amicus brief of Cato Institute submitted.
2025-08-08
Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2025.
2025-08-07
Motion to extend the time to file a response from August 18, 2025 to September 17, 2025, submitted to The Clerk.
2025-08-07
Motion of United States for an extension of time submitted.
2025-07-16
2025-06-09
Application (24A1209) granted by Justice Kagan extending the time to file until July 16, 2025.
2025-06-05
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.

Attorneys

Ahmad Abouammo
Jodi LinkerFederal Public Defender ND California, Petitioner
Jodi LinkerFederal Public Defender ND California, Petitioner
Jodi LinkerFederal Public Defender ND California, Petitioner
Tobias Samuel Loss-EatonSidley Austin LLP, Petitioner
Tobias Samuel Loss-EatonSidley Austin LLP, Petitioner
Tobias Samuel Loss-EatonSidley Austin LLP, Petitioner
Cato Institute
Matthew P. CavedonCato Institute, Amicus
Matthew P. CavedonCato Institute, Amicus
Matthew P. CavedonCato Institute, Amicus
The National Association of Criminal Defense Lawyers
Andrew Thomas GeorgeBourelly, George + Brodey PLLC, Amicus
Andrew Thomas GeorgeBourelly, George + Brodey PLLC, Amicus
Andrew Thomas GeorgeBourelly, George + Brodey PLLC, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent