Opposition Brief — Ahmad Abouammo, Petitioner v. United States

Supreme Court briefOct 17, 2025

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No. 25-5146

________________________________________________________________

________________________________________________________________

IN THE SUPREME COURT OF THE UNITED STATES

_______________

AHMAD ABOUAMMO, PETITIONER

v.

UNITED STATES OF AMERICA

_______________

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

_______________

BRIEF FOR THE UNITED STATES IN OPPOSITION

_______________

D. JOHN SAUER

Solicitor General

Counsel of Record

JOHN A. EISENBERG

Assistant Attorney General

JEFFREY M. SMITH

JOSEPH P. MINTA

Attorneys

Department of Justice

Washington, D.C. 20530-0001

SupremeCtBriefs@usdoj.gov

(202) 514-2217

________________________________________________________________

________________________________________________________________

QUESTIONS PRESENTED

1.

Whether a prosecution for knowingly falsifying a record

with the intent to obstruct an investigation, in violation of 18

U.S.C. 1519, may be brought in the district of the investigation

at which the obstruction was directed.

2.

petitioner

Whether

the

timely

filed

information

committed

various

felonies,

filed

alleging

when

that

grand-jury

proceedings were suspended due to COVID-19 restrictions, was an

“information charging a felony” under 18 U.S.C. 3288.

(I)

IN THE SUPREME COURT OF THE UNITED STATES

_______________

No. 25-5146

AHMAD ABOUAMMO, PETITIONER

v.

UNITED STATES OF AMERICA

_______________

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

_______________

BRIEF FOR THE UNITED STATES IN OPPOSITION

_______________

OPINIONS BELOW

The opinion of the court of appeals (Pet. App. 1a-47a) is

reported at 122 F.4th 1072.

An accompanying memorandum of the

court of appeals is available at 2024 WL 4972564.

The relevant

order of the district court (Pet. App. 48a-97a) is available at

2022 WL 17584238.

JURISDICTION

The judgment of the court of appeals (Pet. App. 1a-47a) was

entered on December 4, 2024.

A petition for rehearing was denied

on March 18, 2025 (Pet. App. 98a).

On June 9, 2025, Justice Kagan

extended the time within which to file a petition for a writ of

2

certiorari to and including July 16, 2025, and the petition was

filed on that date.

On July 2, 2025, on remand from the court of

appeals, the district court issued an amended judgment.

The

jurisdiction of this Court is invoked under 28 U.S.C. 1254(1).

STATEMENT

Following a jury trial in the United States District Court

for the Northern District of California, petitioner was convicted

on one count of acting as an agent of a foreign government without

notification to the Attorney General, in violation of 18 U.S.C.

951; one count of conspiring to commit wire fraud, in violation of

18 U.S.C. 1349; one count of wire fraud, in violation of 18 U.S.C.

1343, 1346; two counts of money laundering, in violation of 18

U.S.C. 1956(a)(2)(B)(i); and one count of falsifying a record with

the intent to obstruct an investigation, in violation of 18 U.S.C.

1519.

Pet. App. 5a, 12a.

He was sentenced to 42 months of

imprisonment, to be followed by three years of supervised release.

Id. at 13a. The court of appeals affirmed petitioner’s convictions

but vacated his sentence.

Id. at 1a-47a.

On remand, petitioner

was sentenced to time served, to be followed by two years of

supervised release.

1.

D. Ct. Doc. 482, at 2-3 (July 2, 2025).

While working at the social-media company then known as

Twitter, petitioner agreed to act as an agent of the Kingdom of

Saudi Arabia.

Pet. App. 5a-7a.

Petitioner exploited his internal

corporate access to acquire confidential information on Twitter

users who used pseudonymous accounts to post content critical of

3

the Saudi government, including allegations of “corruption and

incompetence in the Saudi Kingdom and royal family.”

Id. at 7a.

Petitioner then passed the identifying information to his Saudi

contacts.

Id.

at

8a.

Testimony

at

petitioner’s

sentencing

indicated that one dissident Twitter user identified through the

scheme

--

a

humanitarian

worker

who

had

satirized

the

Saudi

government in his posts -- was subsequently “detained in Saudi

Arabia,”

“held

electric

shocks

in

solitary

and

confinement,”

beatings,”

“tortured

“hospitalized

]threatening injuries,” and has now “disappeared.”

with

through

life[-

Id. at 9a.

In

return for this confidential information, petitioner received a

$42,000 watch and hundreds of thousands of dollars wired to a

Lebanese bank account he maintained in his father’s name.

Id. at

7a-9a.

In May 2015, petitioner resigned from Twitter and moved from

northern California to Seattle.

Pet. App. 9a.

On October 20,

2018, the New York Times published an article revealing that the

government was investigating Saudi efforts to obtain confidential

information from Twitter in order to identify dissidents.

9a-10a.

Id. at

That same day, two agents of the Federal Bureau of

Investigation traveled to petitioner’s home to interview him.

at 10a.

Id.

The agents introduced themselves as “FBI agents from the

San Francisco office,” and they interviewed petitioner for several

hours about his work at Twitter and his contacts with a Saudi

official.

Ibid.

During the interview, petitioner claimed that he

4

had been paid by the Saudi official for consulting services.

at 11a.

Id.

When asked if there was documentation to support that

claim, petitioner told the agents that he had an invoice and went

upstairs unaccompanied.

Ibid.

Approximately 30 minutes later,

petitioner emailed a purported invoice to one of the agents. Ibid.

Analysis

of

the

document’s

metadata,

however,

showed

petitioner had created it during that 30-minute period.

2.

that

Ibid.

In November 2019, a federal grand jury in the Northern

District of California returned an indictment charging petitioner

with one count of acting as an agent of a foreign government

without notification to the Attorney General, in violation of 18

U.S.C. 951, and one count of falsifying a record to obstruct a

federal investigation, in violation of 18 U.S.C. 1519.

11a-12a.

Pet. App.

In February 2020, the government and petitioner agreed

to toll the statute of limitations for additional charges until

April 7, 2020, so that the parties could discuss a possible plea

deal.

Id. at 12a.

In March 2020, COVID-19 restrictions caused the district

court to suspend grand-jury operations.

7,

2020,

with

the

grand

jury

still

Pet. App. 12a.

suspended

and

On April

petitioner

unwilling to extend the tolling agreement, the government filed a

superseding information alleging 15 counts of wire fraud, one count

of conspiring to commit wire fraud, and three counts of money

laundering, in addition to the two previously charged counts.

Ibid.

On July 28, 2020, after grand-jury proceedings resumed, the

5

government dismissed the superseding information, and the grand

jury

returned

charges.

a

superseding

indictment

containing

the

same

Ibid.

Following a two-week trial, a jury found petitioner guilty on

one count of acting as a foreign agent without notification to the

Attorney General, one count of conspiring to commit wire fraud,

one count of wire fraud, two counts of money laundering, and one

count of falsifying a record with the intent to obstruct a federal

investigation.

Pet.

App.

12a.

The

district

court

imposed

concurrent 42-month sentences for each of the six counts, to be

followed by three years of supervised release.

3.

Id. at 13a.

The court of appeals affirmed petitioner’s convictions

but vacated his sentence and remanded for resentencing.

Pet. App.

1a-47a; 2024 WL 4972564, at *1-*2.

a.

The court of appeals rejected petitioner’s argument that

his money-laundering and wire-fraud charges were barred by the

statute of limitations.

Pet. App. 23a-30a.

The court observed

that 18 U.S.C. 3288 “categorically excludes from ‘any statute of

limitations’

bar

a

‘new

appropriate

jurisdiction

indictment

.

.

returned

in

the

within

calendar

months’

of

the

six

.

dismissal of an ‘information charging a felony.’”

(quoting 18 U.S.C. 3288).

Pet. App. 26a

The court further observed that “the

superseding indictment in this case was returned within six months

of the dismissal of the April 7, 2020 information,” which, in turn,

was filed “within the statute of limitations.”

Ibid.

And the

6

court accordingly found that the superseding indictment was thus

“[c]onsistent with the plain language of [Section] 3288” and

therefore timely.

Ibid.

The court of appeals observed that petitioner’s contrary

argument -- that “the ‘information charging a felony’ referred to

in [Section] 3288

* * *

requires an ‘instituted’ information

accompanied by a waiver of indictment” -- “finds no support in the

statutory text.” Pet. App. 26a. The court added that petitioner’s

“position is significantly undercut by the history of” Section

3288, as the “very limitation [petitioner] wishes to read back

into the statute” was removed from the statute by Congress in 1988.

Id. at 27a.

Because “[petitioner’s] argument already lacks a

textual foundation in [Section] 3288,” the court was “reluctant to

interpret that provision to include a requirement that Congress

specifically removed.”

Id. at 28a.

The court of appeals also rejected petitioner’s venue-based

challenge to his obstruction conviction.

Pet. App. 30a-44a.

The

court explained that by incorporating as an element the defendant’s

“intent to impede, obstruct, or influence” an investigation, 18

U.S.C. 1519 “‘expressly contemplates the effect of influencing the

action’ of another.”

Id. at 37a (citation and emphasis omitted).

The court accordingly determined “that the contemplated effects

are part of the ‘essential conduct’ of the offense for venue

purposes because the statute[] expressly define[s] the conduct in

those terms.”

Ibid. (citation omitted).

And it therefore found

7

that “venue for a charge under 18 U.S.C. § 1519” is appropriate in

either “the district in which the false document was prepared” or

“the district in which the obstructed federal investigation was

taking place.”

Id. at 31a.

The court thus recognized that

petitioner’s obstruction offense, though begun in Seattle, “was

continued or completed in the Northern District [of California],

making venue proper there.”

Id. at 40a.

In a concurring opinion, Judge Lee emphasized that the court

of appeals’ decision “does not give free rein to the government to

manufacture venue.”

Pet. App. 45a.

He observed that no such

concerns were presented by petitioner’s case, because “there is no

whiff that the government intentionally used San Francisco-based

FBI

agents

California.”

b.

to

manufacture

venue

in

the

Northern

District

of

Id. at 46a.

Although it affirmed petitioner’s convictions, the court

of appeals issued a separate, unpublished memorandum concluding

that the district court had erred in its Sentencing Guidelines

calculation.

2024 WL 4972564.

The court of appeals accordingly

vacated petitioner’s sentence and remanded for resentencing.

at *2.

Id.

By the time of resentencing, petitioner had completed his

original term of imprisonment, and he was sentenced to time served,

to be followed by two years of supervised release.

482, at 2-3.

He did not appeal the amended judgment.

D. Ct. Doc.

8

ARGUMENT

Petitioner renews his contentions that venue for the Section

1519 charge was improper in the Northern District of California

(Pet. 9-19) and that three of his six convictions were barred by

the

statute

of

limitations

because

the

government

initially

charged them by information without having first obtained a waiver

of his right to indictment (Pet. 19-25).

The court of appeals

correctly rejected both contentions, and the decision below does

not conflict with any decision of this Court or of another court

of appeals.

1.

No further review is warranted.

a.

Under the Constitution and the Federal Rules of

Criminal Procedure, a crime must be prosecuted in a “district

wherein the crime shall have been committed.”

U.S. Const. Amend.

VI; see Fed. R. Crim. P. 18 (“Unless a statute or these rules

permit otherwise, the government must prosecute an offense in a

district

where

the

offense

was

committed.”).

As

this

Court

explained in United States v. Rodriguez-Moreno, 526 U.S. 275, 281

(1999), however, a single criminal offense may be “committed” in

more than one district.

Accord 18 U.S.C. 3237(a) (“Except as

otherwise expressly provided by enactment of Congress, any offense

against the United States begun in one district and completed in

another, or committed in more than one district, may be inquired

of and prosecuted in any district in which such offense was begun,

continued, or completed.”).

9

In Rodriguez-Moreno, the Court considered a venue challenge

to a conviction for using or carrying a firearm during and in

relation

to

924(c)(1).

a

crime

of

violence,

526 U.S. at 276-278.

in

violation

of

18

U.S.C.

The underlying crime of violence

in that case was a kidnapping that continued through several States

(and thus through several federal judicial districts).

Ibid.

The

defendant was prosecuted in the District of New Jersey, one of the

locations in which the victim had been held captive.

The

Section

924(c)(1)

charge

was

based

on

Id. at 277.

evidence

that

the

defendant had used a firearm in Maryland in furtherance of the

kidnapping offense.

Ibid.

Emphasizing that the “locus delicti [of the charged offense]

must be determined from the nature of the crime alleged and the

location of the act or acts constituting it,” Rodriguez-Moreno,

526 U.S. at 279 (quoting United States v. Cabrales, 524 U.S. 1, 67 (1998)), this Court rejected the defendant’s argument that “venue

was proper only in Maryland, the only place where the Government

had proved he had actually used a gun,” id. at 277.

The Court

interpreted Section 924(c)(1) as containing “two distinct conduct

elements” -- “[1] the ‘using and carrying’ of a gun[,] and [2] the

commission of a kidnaping [or other crime of violence],” id. at

280 -- and reaffirmed the settled principle that such “a crime

consist[ing] of distinct parts

* * *

may be tried where any part

can be proved to have been done,” id. at 281 (quoting United States

v. Lombardo, 241 U.S. 73, 77 (1916)).

10

The Court further explained that “[t]he kidnaping, to which

the [Section] 924(c)(1) offense [was] attached, was committed in

all of the places that any part of it took place,” so that “venue

for the kidnaping charge

* * *

was appropriate in any of them.”

Rodriguez-Moreno, 526 U.S. at 282.

Because venue in New Jersey

was “appropriate for the underlying crime of violence,” the Court

concluded that venue was appropriate “for the [Section] 924(c)(1)

offense” as well.

b.

this

The court of appeals correctly articulated and applied

Court’s

conduct

Ibid.

in

venue

jurisprudence

violation

of

Section

when

analyzing

1519.

Pet.

petitioner’s

App.

30a-44a.

Consistent with Rodriguez-Moreno, 526 U.S. at 279, the court of

appeals first “identif[ied] the conduct constituting the offense

(the nature of the crime)” set out in Section 1519, and it then

“discern[ed] the location of the commission of the criminal acts.”

See Pet. App. 36a-40a (citation omitted).

The court also noted

that petitioner “d[id] not dispute that for some criminal offenses,

the place where the effects of the crime are directed or sustained

can be an appropriate venue for prosecution.”

Id. at 33a.

In analyzing “the nature of the crime” here, the court of

appeals

explained

that,

where

a

criminal

statute

“expressly

contemplate[s] the effect of influencing [a specified] action,”

venue is proper where that effect would occur.

Pet. App. 32a, 38a

(quoting United States v. Fortenberry, 89 F.4th 702, 710 (9th Cir.

2023)).

And based on the statutory text, the court of appeals

11

determined that Section 1519 is such a provision.

Id. at 36a-38a.

As the court observed, Section 1519 requires proof that a defendant

acted “with the intent to impede, obstruct, or influence” an

investigation.

Id.

at

37a

(citation

omitted).

The

statute

therefore captures an “express connection between the actus reus

and its contemplated effect.”

this

case

--

where

Ibid.

petitioner

And in the circumstances of

endeavored

to

obstruct

an

investigation he knew to be taking place in the Northern District

of California -- venue was proper in that district.

c.

Id. at 44a.

No court has reached a contrary determination as to

permissible venue(s) under Section 1519.

The court below was the

first (and, so far, only) court of appeals to address the issue.

See Pet. App. 31a (observing that “no circuit has yet

* * *

address[ed] this question in the context of [Section] 1519”).

In

addition to the district court that presided over petitioner’s

case, one other district court has analyzed venue for a Section

1519 prosecution -- and it reached the same conclusion as the

courts below.

See United States v. Baugh, 597 F. Supp. 3d 502,

510 (D. Mass. 2022).

Petitioner nevertheless posits a circuit conflict by citing

cases from the First, Third, Fourth, Fifth, Eleventh, and D.C.

Circuits examining venue under other criminal statutes.

9-14 (collecting cases).

specific

analysis

set

See Pet.

Under the element-by-element statuteout

in

Rodriguez-Moreno,

statute-to-statute comparisons have limited utility.

supra,

such

And none of

12

those decisions adopts a categorical rule that would preclude a

future panel from agreeing with the decision below if a case that

actually involves Section 1519 were to arise.

The Third and Fourth Circuit decisions on which petitioner

relies address statutes that do not contain any element similar to

Section 1519’s requirement that a defendant act “with the intent

to impede, obstruct, or influence” an investigation.

In United

States v. Auernheimer, 748 F.3d 525 (3d Cir. 2014), the Third

Circuit considered 18 U.S.C. 1030(a)(2), which prohibits, inter

alia,

the

unauthorized

“access[ing]”

and

“obtain[ing]”

of

“information from any protected computer”; it then concluded that,

because “[n]o protected computer was accessed and no data was

obtained in [the district of conviction],” venue could not lie

there, 748 F.3d at 534.

And in United States v. Bowens, 224 F.3d

302 (4th Cir. 2000), cert. denied, 532 U.S. 944 (2001), the Fourth

Circuit reasoned, in the context of the federal fugitive-harboring

statute, that venue lies “where acts of harboring or concealing

take place”; in contrast, the statute’s antecedent requirement of

“‘a

warrant

or

process

ha[ving]

been

issued’”

harboring was “merely a circumstance element.”

(quoting 18 U.S.C. 1071).

prior

to

the

Id. at 309-311

As the decision below emphasized (Pet.

App. 38a-39a), the Ninth Circuit follows a similar rule for crimes

that lack an intent element.

See id. at 34a-36a (discussing

Fortenberry, 89 F.4th at 704-705).

13

Petitioner also invokes (Pet. 9-10, 12-13) decisions of the

First, Fifth, and Eleventh Circuits, but each of those courts

rejected venue based on a required statutory intent to obtain or

remove a discrete person or thing -- not, as here, to influence or

obstruct an ongoing matter.

See United States v. Smith, 22 F.4th

1236, 1243–1244 (11th Cir. 2022) (theft of trade secrets), aff’d

on other grounds, 599 U.S. 236 (2023); United States v. Clenney,

434 F.3d 780, 781 (5th Cir. 2005) (per curiam) (kidnapping); United

States v. Salinas, 373 F.3d 161, 165–166 (1st Cir. 2004) (passport

fraud).

In the latter context -- for example, in prosecutions for

“mak[ing]

* * *

false statement[s]

* * *

for the purpose of

influencing” federal agencies and federally insured entities, 18

U.S.C. 1014 -- those courts have found venue proper where the

target of the “influencing” is situated.

See, e.g., United States

v. Dupre, 117 F.3d 810, 822 (5th Cir. 1997) (Section 1014), cert.

denied, 522 U.S. 1078 (1998); United States v. Greene, 862 F.2d

1512, 1515 (11th Cir. 1989) (Section 1014), cert. denied, 493 U.S.

809 (1989); United States v. Tedesco, 635 F.2d 902, 902, 904-906

(1st Cir. 1980) (witness tampering under 18 U.S.C. 1503), cert.

denied, 452 U.S. 962 (1981); cf. United States v. Uribe, 890 F.2d

554, 559 (1st Cir. 1989) (citing, with approval, an out-of-circuit

Section 1014 decision so holding).

Petitioner’s

reliance

on

D.C.

Circuit

decisions

for

the

proposition that there, “venue for attempting to influence a

witness [i]s proper only where the attempt took place, not where

14

the witness would testify,” Pet. 13, is unsound.

The first of

those decisions, United States v. Swann, 441 F.2d 1053 (D.C. Cir.

1971), was a witness-tampering prosecution under 18 U.S.C. 1503,

in which the court deemed venue to lie only where the influencing

occurred, not where the witness would testify.

1055.

See id. at 1054-

The second, United States v. White, 887 F.2d 267 (D.C. Cir.

1989), was a bribery prosecution under 18 U.S.C. 201(c) that relied

on Swann to reach a similar result, while noting that “other

circuits” -- including three that petitioner views as aligned with

him (the First, Fourth, and Eleventh) -- “disagree with our holding

in Swann.”

Id. at 272 & n.3.

witness-tampering

“resolv[ed]

[the]

interpretation

of

And when it enacted a specific

statute

(18

U.S.C.

split

in

the

Section

1503

1512)

in

1988,

Congress

circuits”

on

the

(at

in

Swann)

issue

proper

by

“clarify[ing]” that a prosecution under the new provision “could

be brought in the district where the official proceeding that the

defendant intended to influence was taking place, as well as in

the district where the illegal act itself occurred.”

134 Cong.

Rec. 13780 (1988); see, e.g., United States v. Gonzalez, 922 F.2d

1044, 1054-1055 (2d Cir.), cert. denied, 502 U.S. 1014 (1991); see

also 18 U.S.C. 1512(h).

Although that amendment predates White, it was not addressed

in that decision, and petitioner identifies no decision of the

D.C. Circuit addressing but disregarding the abrogation of Swann

in a case presenting an issue of this sort.

He therefore provides

15

no evidence from the last 35 years indicating that the D.C. Circuit

would adhere to its previous view.

In any event, at most,

petitioner has demonstrated that different statutes have different

essential conduct elements and thus give rise to different venue

analyses.

“the

That is an unremarkable and unavoidable byproduct of

Sixth

Amendment’s

offense-specific

approach

to

venue.”

United States v. Lanier, 879 F.3d 141, 148 (5th Cir.), cert.

denied, 586 U.S. 892 (2018).

It is thus unclear in what way or to

what

fashion

end

this

Court

might

a

new

general

applicable beyond the specific statute at issue here.

venue

rule

And because

only the decision below has thus far passed on the appropriate

venue for Section 1519, no conflict exists that would require the

Court’s intervention at this time.

2.

Petitioner

separately

contends

(Pet.

19-25)

that

“a

felony information that is not accompanied by a valid waiver of

indictment does not ‘charg[e] a felony,’ as [18 U.S.C.] 3288

requires.”

See

18

U.S.C.

3288

(“Whenever

an

indictment

or

information charging a felony is dismissed for any reason after

the period prescribed by the applicable statute of limitations has

expired, a new indictment may be returned in the appropriate

jurisdiction

within

six

calendar

months

of

the

dismissal of the indictment or information[.]”).

date

of

the

This Court has

recently denied petitions for writs of certiorari raising similar

16

issues,* which have uncertain prospective importance given the

post-COVID-19 restoration of grand-jury proceedings.

The same

course is warranted here.

a.

The court of appeals correctly rejected petitioner’s

construction of Section 3288, which would require reading the

statutory phrase “information charging a felony” to mean something

other than an “information” that “charg[es]” a “felony.”

App. 25a-26a.

See Pet.

Contrary to petitioner’s contention (Pet. 21), both

legal and lay definitions of “charge” require nothing more than to

accuse someone of a crime -- something that a felony information,

which puts a defendant on notice that he stands accused of a

criminal

offense,

plainly

accomplishes.

See

Charge

(verb),

Black’s Law Dictionary (12th ed. 2024) (“To accuse (a person) of

an offense,” as in “the police charged him with murder”); Charge

(noun),

Black’s

Law

Dictionary

(12th

ed.

2024)

(“A

formal

accusation of an offense as a preliminary step to prosecution”)

(emphasis

added);

Charge

(verb),

Merriam-Webster

Online

Dictionary, http://www.merriam-webster.com/dictionary/charge (“to

make an assertion against especially by ascribing guilt or blame”).

At base, petitioner’s argument rests on the premise that an

information charging a felony is “invalid,” Pet. 19, without a

preexisting waiver of the right to indictment.

But the fact that

an information cannot ultimately lead to conviction without a

* See Webster v. United States, 145 S. Ct. 1461 (2025) (No.

24-6633); Briscoe v. United States, 145 S. Ct. 382 (2024) (No. 24284).

17

superseding indictment or waiver of the right thereto does not

render it a nullity as a preliminary step in the prosecutorial

process.

To the contrary, “filing an information establishes it

as an operative legal document and begins an action.”

United

States v. Webster, 127 F.4th 318, 323 (11th Cir.), cert. denied,

145 S. Ct. 1461 (2025); accord United States v. Cooper, 956 F.2d

960, 962-963 (10th Cir. 1992). The filing of an information begins

criminal proceedings, even if those proceedings may culminate in

a motion to dismiss any charges as to which the information is

deemed invalid, see Pet. App. 29a, and the defendant is not exempt

from the requirement to appear in court and address the criminal

prosecution in some way.

Moreover, as the court of appeals explained, the requirement

petitioner seeks to impose is not only absent from the statute but

was affirmatively removed by Congress.

For decades, Section 3288

required the filing of “an indictment or information filed after

the defendant waives in open court prosecution by indictment.”

Pet. App. 27a (citation omitted).

But in 1988, Congress removed

“the very limitation [petitioner] wishes to read back into the

statute,” ibid., and instead required only the filing of “an

indictment or information charging a felony,” 18 U.S.C. 3288.

Petitioner suggests (Pet. 24) that Congress was merely clarifying

that “[Section] 3288 did not apply to a dismissal for speedy-trial

violations,”

but

that

“waive[r]” language.

does

not

explain

its

removal

of

the

“[W]hen Congress acts to amend a statute,

18

[this Court] presume[s] it intends its amendment to have real and

substantial effect.”

Pierce Cnty. v. Guillen, 537 U.S. 129, 145

(2003) (citation omitted).

The court of appeals appropriately

adhered to that principle.

b.

Petitioner also has not shown that the second question

presented satisfies any of the criteria for certiorari.

R. 10.

Sup. Ct.

First and foremost, petitioner fails to identify a circuit

conflict or other division of authority on the question.

As

petitioner acknowledges, “the Ninth Circuit is not the only court”

to have rejected claims identical to the one he now advances.

20 (citations omitted).

Pet.

Indeed, every court of appeals to have

considered petitioner’s contention or a closely related one has

rejected it.

See Webster, 127 F.4th at 321-326; United States v.

Briscoe, 101 F.4th 282, 291-293 (4th Cir.), cert. denied, 145 S.

Ct. 382 (2024); United States v. Burdix-Dana, 149 F.3d 741, 742743 (7th Cir. 1998), cert. denied, 525 U.S. 1180 (1999).

In addition, the prospective importance of this question is

far from clear.

Petitioner states that an information charging a

felony has been “rarely used” to ensure timeliness outside the

anomalous context of COVID-19 restrictions.

Pet. 20 (citation

omitted); see Pet. App. 23a (observing that petitioner’s “argument

is rooted in the peculiarities of timing” prompted by COVID-19).

And proceeding by information generally confers no advantage to

the

government:

the

prosecutor

must

“still”

prepare

the

“sufficiently specific” case, Pet. App. 29a, before expiration of

19

the limitations period so that a subsequent superseding indictment

will “relate[] back” to the timely filed information, Briscoe, 101

F.4th at 293; and the defendant receives timely notice of the

charges against him and may move to dismiss them, Pet. App. 29a;

Webster, 127 F.4th at 323.

And in some cases, “substantial delay”

by the government in securing a superseding indictment “could

present speedy trial or due process concerns” that are not “present

in this case.”

Pet. App. 29a.

Instead, the filing of an information charging a felony is

beneficial primarily, if not exclusively, when a grand jury is

unavailable.

That is a rare circumstance that petitioner provides

no sound reason to believe will recur.

And while many defendants

charged in early 2020 raised time-bar arguments related to the

pandemic, it appears that virtually all such prosecutions have now

been resolved.

CONCLUSION

The petition for a writ of certiorari should be denied.

Respectfully submitted.

D. JOHN SAUER

Solicitor General

JOHN A. EISENBERG

Assistant Attorney General

JEFFREY M. SMITH

JOSEPH P. MINTA

Attorneys

OCTOBER 2025

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Opposition Brief — Ahmad Abouammo, Petitioner v. United States | Frix