The U.S. Court of Appeals for the Second Circuit affirmed the criminal conviction of Lamor Whitehead in a brief summary order issued Monday, rejecting his appeal from a June 2024 judgment in federal court. The three-judge panel consisting of Circuit Judges Gerard E. Lynch, William J. Nardini, and Steven J. Menashi issued the ruling in case number 24-1769-cr, *United States v. Whitehead*.
The appeals court's summary order provides no detailed reasoning for the decision, stating simply that "the judgment of the district court is AFFIRMED." Whitehead had appealed from a criminal judgment entered June 17, 2024, by U.S. District Judge Lorna G. Schofield in the Southern District of New York.
The case involved the federal prosecution of Whitehead, who was represented by a team of defense attorneys including Jonathan I. Edelstein of Edelstein & Grossman, along with Daniel S. Noble, Vlad Shafran, and Oleg M. Shik from Krieger Lewin LLP, all based in New York. The government was represented by Assistant U.S. Attorney Jane Kim, with Jessica Greenwood and Jacob R. Fiddelman on the brief, from the office of U.S. Attorney Jay Clayton for the Southern District of New York.
Summary orders issued by federal appeals courts carry specific limitations under federal appellate procedure. According to the court's notice, rulings by summary order do not have precedential effect, meaning they cannot be cited as binding authority in future cases. However, citation to summary orders filed after January 1, 2007, is permitted under Federal Rule of Appellate Procedure 32.1 and the Second Circuit's Local Rule 32.1.1.
When attorneys cite a summary order in documents filed with the Second Circuit, they must reference either the Federal Appendix or an electronic database with the notation "SUMMARY ORDER." Additionally, any party citing a summary order must serve a copy on any opposing party not represented by counsel.
The Second Circuit, which covers New York, Connecticut, and Vermont, frequently uses summary orders to dispose of appeals that do not raise novel legal questions or require extensive written analysis. These orders allow the court to efficiently handle its caseload while providing final resolution to litigants.
Whitehead's case proceeded through the federal court system in Manhattan, where the Southern District of New York handles many high-profile federal criminal cases. The district court's original judgment was entered by Judge Schofield, an Obama appointee who has served on the federal bench since 2012.
The appeals court heard the matter at the Thurgood Marshall United States Courthouse at 40 Foley Square in Manhattan, the Second Circuit's primary courthouse. The building serves as the headquarters for the appeals court, which reviews cases from federal district courts across the circuit.
The composition of the three-judge panel reflects the Second Circuit's practice of assigning cases to rotating panels of active and senior judges. Judge Lynch, a Clinton appointee, has served on the Second Circuit since 2000 and previously worked as a federal prosecutor. Judge Nardini, appointed by Trump in 2017, came to the bench from private practice in Connecticut. Judge Menashi, also a Trump appointee confirmed in 2019, previously served in the Trump administration.
Criminal appeals to the Second Circuit typically challenge various aspects of district court proceedings, including evidentiary rulings, jury instructions, sentencing decisions, and constitutional claims. The summary order format suggests the panel found no reversible error in the lower court's handling of Whitehead's case.
The brief nature of the Second Circuit's ruling provides no insight into the specific legal arguments raised by Whitehead's defense team or the government's response. Criminal defendants often appeal on grounds including insufficient evidence, prosecutorial misconduct, ineffective assistance of counsel, or procedural errors during trial or sentencing.
Federal criminal cases in the Southern District of New York frequently involve complex white-collar crimes, fraud schemes, corruption charges, and other serious federal offenses. The district court's jurisdiction includes Manhattan and surrounding counties, making it a venue for many significant federal prosecutions.
With the Second Circuit's affirmance, Whitehead's conviction stands final unless he seeks review from the Supreme Court through a petition for certiorari. The high court grants review in only a small percentage of criminal cases, typically those involving important constitutional questions or conflicts between circuit courts.
The summary order represents the conclusion of Whitehead's direct appeal, though defendants may still pursue collateral challenges through habeas corpus proceedings if they can demonstrate constitutional violations or other fundamental errors.