United States v. Pina

This is one of two cases in which the defendant sought to have his indictment dismissed on the ground that Alina Habba had supervised the charging decisions in his case during a period in which she was not lawfully serving as the U.S. Attorney for the District of New Jersey. The District Court agreed, ruling that Habba's actions approving his indictment were void. However, the Court refused to dismiss the case, and a panel of the Third Circuit upheld the district court's decision.

United States v. Pina

Case Details
  • Case No.: 2:25-cr-00436
  • Case Filed: October 16, 2023
  • Jurisdiction: D.N.J.
  • Charges: 18 U.S.C. 1343
  • Judge: Brann, Matthew
  • US Attorney: Webman, Aaron L.
  • Defendant(s): Pina, Cesar Humberto
  • Defense Attorney: Krovatin, Gerald
Key Topics in the Case

Case Analysis

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Case Files

Argument(s)

Final - Date Filed 08/25/25 - 3rd Circuit Court of Appeals

See the Analysis section for appeal analysis.

Appeal Details
  • Case Number: 25-2636
  • Date Filed: 08/25/2025
  • Jurisdiction: 3rd Circuit Court of Appeals
  • Type: Final
  • Status: Decided

Read the Docket

Appeal Files

  • ECF: 37 - 09/26/25 - Brief

    Pro Se Amicus Brief on behalf of Frank Edwin Pate in Support of Appellee

  • ECF: 94 - 02/03/26 - Judgment/Mandate

    Mandate Issued

  • ECF: 49 - 10/06/25 - Brief

    Brief for Former United States Attorneys as Amici Curiae in Support of Appellees

  • ECF: 26 - 09/08/25 - Brief

    Amicus Curiae Brief of Separation of Powers Clinic in Support of Appellant USA

  • ECF: 45 - 10/06/25 - Brief

    Brief for Amicus Curiae Association of Criminal Defense Lawyers of New Jersey in Support of Appellees

  • ECF: 51 - 10/06/26 - Brief

    Response Brief for Appellee Cesar Pina

  • ECF: 46 - 10/06/25 - Brief

    Brief of Amicus Curiae Cato Institute in Support of Appellees

  • ECF: 74 - 10/14/25 - Brief

    Reply brief for appellant USA

  • ECF: 50 - 10/06/25 - Brief

    Amicus Brief of Republican Former Members of Congress in Support of Neither Party and in Favor of Affirmance

  • ECF: 89 - 12/01/25 - Judgment/Mandate

    Court Judgment

  • ECF: 93 - 01/26/26 - Order

    Court Order Denying Rehearing En Banc

  • ECF: 88 - 12/01/25 - Opinion

    Court Opinion

  • ECF: 44 - 10/06/25 - Brief

    Amicus Brief of Bipartisan Current and Former Members of Congress in Support of Neither Party and in Favor of Affirmance

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