Where federal charges are tried
Whitehead v. United States
In brief
The Supreme Court did not decide Whitehead’s underlying claims: it wiped out the Second Circuit’s judgment and sent the case back for reconsideration in light of Abouammo.
- Where it stands
- Case remanded
Remanded · October 5, 2026
- What it’s about
- Lamor Whitehead argued that New York was not a proper place to prosecute a federal false-statement charge based on a statement allegedly made in New Jersey, and also challenged how a defense witness invoked the right against self-incrimination, a “sophisticated means” sentencing increase, and the admission of evidence about other acts.
- Who it affects
- The Second Circuit must reconsider Whitehead’s case in light of Abouammo; the Supreme Court did not decide his challenges to the prosecution, trial rulings, or sentence.
Summary: written with AI from the case record.

What it's about
The Supreme Court agreed to hear the case, wiped out the Second Circuit’s judgment (vacated it), and sent the case back to that court (remanded it) to reconsider in light of Abouammo, without deciding Whitehead’s underlying arguments.
Whitehead argued New York was not a proper place to prosecute a federal false-statement charge based on an alleged statement to an agent in New Jersey.
Question 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?
What the Court decided
Holding
Motion to proceed in forma pauperis and petition for a writ of certiorari granted. Judgment vacated and case remanded for further consideration in light of Abouammo v. United States, 608 U. S. 597 (2026).
- Result
- Remanded
What's next
The case is back before the Second Circuit, which must reconsider it in light of Abouammo.
Documents
Docket activity
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.