Ahmad Abouammo v. United States
Brief Details
- Case No.: 25-5146
- Brief Filed: January 27, 2026
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
The charged offense here, falsifying documents with the intent to obstruct an investigation under 18 U.S.C. § 1519, consists of two elements: (1) falsifying a document and (2) intending to obstruct an investigation. Both elements were satisfied the moment Mr. Abouammo created the fake document, in Seattle. The offense requires no transmission, no receipt, and no actual obstruction. In short, section 1519 is a point-in-time offense that is complete “at the moment an applicant makes a knowingly false statement”—there, with the intent to secure a passport. United States v. Salinas, 373 F.3d 161, 165 (1st Cir. 2004). This intent is a mental state that exists where the defendant is physically located. Yet the Ninth Circuit’s rule extends venue based on the “contemplated effects” of a section 1519 violation. This rule uses intent to drag a criminal defendant into a location in which he undisputedly committed no charged conduct. It invites the type of hardship for criminal defendants that the Framers sought to prevent. And, by doing so, it unlocks even more forum shopping opportunities for prosecutors who already have far too many. The Court should reverse.
Author(s)
Andrew George and Rebecca Brodey, Bourelly, George + Brodey PLLC, Washington, D.C.; Jeffrey L. Fisher, Co-Chair Amicus Committee, NACDL, Washington, D.C.; Shelley Fite, Co-chair Amicus Committee and Judith H. Mizner, Member Amicus Committee, National Association of Federal Defenders
