No. 25-7462October Term 2025Before Arguments
Lamor Whitehead v. United States
from the United States Court of Appeals for the Second Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Second Circuit.
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?
- Case path
United States Court of Appeals for the Second Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Lamor Whitehead has asked the Supreme Court to hear a criminal case raising four issues: where a false-statement charge may be prosecuted, whether a defense witness may make a blanket Fifth Amendment refusal, whether a sentencing increase for "sophisticated means" was proper, and whether too much prior-acts evidence was admitted at trial. The case comes from the Second Circuit, and no oral argument is scheduled yet.
Argument
Whitehead has filed a petition asking the Court to take the case, and no oral argument is scheduled yet.
Impact
The case could affect how federal prosecutors choose where to bring charges and how trial judges handle defense witnesses, sentencing increases, and prior-acts evidence. For example, it matters to a defendant accused of making a false statement in one state while investigators are working in another federal district.
What is Whitehead v. United States about?
It asks whether a false-statement charge tied to New Jersey could be prosecuted in the Southern District of New York. It also challenges trial and sentencing rulings.
Who could be affected if the Court takes Whitehead v. United States?
Federal defendants, prosecutors, and defense witnesses could be affected. The issues matter in disputes over trial location, Fifth Amendment refusals, sentencing increases, and prior-acts evidence.
What happens next in Whitehead v. United States?
The justices must first decide whether to hear the case. No oral argument is scheduled yet, and no decision window is available.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 27, 2026
- Method
- Methodology