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Home Court filings United States v. Adrienne Ponzo Defense Letter Requesting Postponement of Sentencing — United States v. Adrienne Ponzo (D.N.J.)

Court filing

Defense Letter Requesting Postponement of Sentencing — United States v. Adrienne Ponzo (D.N.J.)

Filed October 2, 2025 in U.S. v. Adrienne Ponzo; one of 14 filings from this case.

What This Document Is

A letter dated October 2, 2025 from Ponzo's counsel Troy A. Archie to Judge Karen M. Williams, requesting that Ponzo's then-upcoming sentencing be postponed until the Third Circuit resolves litigation over whether Alina Habba lawfully held the office of Acting U.S. Attorney for the District of New Jersey — the same dispute that produced Ponzo's later Doc. 107 motion to stay.

Factual Summary

The letter states that recent District of New Jersey rulings concluded Habba was not lawfully serving as Acting U.S. Attorney and that her exercise of prosecutorial authority after July 1, 2025 was ultra vires, and that pending appeals in United States v. Giraud and United States v. Pina place the legality of her appointment before the Third Circuit, with the Association of Criminal Defense Lawyers of New Jersey participating as amicus on the systemic impact. Because Ponzo's prosecution was "prosecuted, supervised, and advanced under the authority of the Office during this contested period," counsel argues proceeding with sentencing now would risk entangling her case in that uncertainty. The letter states Ponzo has acknowledged responsibility and is ready to be sentenced once the constitutional question is resolved, and asks that her then-scheduled October 2025 sentencing be adjourned until after the Third Circuit rules.

Key Facts

  • Filed October 2, 2025, roughly six weeks before Ponzo's formal Doc. 107 motion raising the same Habba-authority argument.
  • Cites District of New Jersey rulings finding Habba's post-July-1-2025 authority ultra vires, and pending Third Circuit appeals in United States v. Giraud and United States v. Pina.
  • Requests postponement of sentencing rather than dismissal or a stay of all proceedings (the broader relief later sought in Doc. 107).
  • The docket shows this request succeeded: Doc. 101 (a text order, not separately reviewed) reset sentencing to December 3, 2025.

Source Caveats

  • This is a defense letter; its characterization of the Habba litigation and its bearing on Ponzo's case is advocacy, not an independent judicial finding in this docket.

No. 1:24-cr-00267-KMW · Doc. 100 · 2025-10-02 · Docket on CourtListener

Full text

Case 1:24-cr-00267-KMW            Document 100            Filed 10/02/25   Page 1 of 2 PageID: 644



                           AFONSO ARCHIE LAW, P.C.
                                     ATTORNEYS AT LAW
ALBERT M. AFONSO, ESQ. ‡
TROY A. ARCHIE, ESQ.                                             ARCHIE@AANJLAW.COM
KERLIN HYPPOLITE, ESQ.
ANDRE A. NORWOOD JR., ESQ.

‡ ALSO MEMBER OF PA BAR

                                           October 2, 2025


VIA PACER
Honorable Karen M. Williams
United States District Judge
Mitchell H. Cohen Courthouse
One John F. Gerry Plaza
4th & Cooper Streets
Camden, New Jersey 08101

        Re:      United States v. Adrienne Ponzo
                 Crim. No. 24-267 (KMW)

Dear Judge Williams,

        On behalf of Defendant Adrienne Ponzo, undersigned counsel writes to address the
Court’s inquiry regarding the ongoing litigation over the appointment of Acting United States
Attorney Alina Habba, and to respectfully request that Ms. Ponzo’s sentencing be postponed
until the Third Circuit resolves these critical issues.



                             Ponzo’s Position on the Habba Appointment

        Recent rulings in the District of New Jersey have concluded that Ms. Habba was not
lawfully serving as Acting United States Attorney and that her exercise of prosecutorial authority
after July 1, 2025 was ultra vires. The court found she lacked authority to supervise ongoing
prosecutions, raising substantial questions about the validity of actions taken under her purported
leadership.

        Further, the pending appeals in United States v. Giraud and United States v. Pina
squarely place the legality of Ms. Habba’s appointment before the Third Circuit. The Association


                          21 ROUTE 130 SOUTH CINNAMINSON, NEW JERSEY 08077
                               PHONE (856) 786-7000 ∙ FAX (856) 385-8181
Case 1:24-cr-00267-KMW          Document 100        Filed 10/02/25       Page 2 of 2 PageID: 645


of Criminal Defense Lawyers of New Jersey has also entered as amicus to underscore the
systemic impact of these issues on hundreds of pending prosecutions.

       Because Ms. Ponzo’s sentencing was prosecuted, supervised, and advanced under the
authority of the Office during this contested period, proceeding now would risk entangling her
case in the same legal uncertainties. Habba’s appointment is not merely hypothetical, but under
active appellate review.



                           Request for Postponement of Sentencing

       Ms. Ponzo has acknowledged responsibility for her conduct and stands ready to proceed
with sentencing once it can be conducted free from the uncertainty of this constitutional
controversy and to avoid unnecessary collateral litigation.

       Accordingly, Ms. Ponzo respectfully requests that sentencing be adjourned until after the
Third Circuit issues its ruling on the Habba matter. This approach will ensure fairness, conserve
judicial resources, and safeguard the integrity of these proceedings.

       For the foregoing reasons, Defendant Adrienne Ponzo respectfully requests that her
sentencing currently scheduled for October 2025 be postponed pending the Third Circuit’s
decision on the Habba appointment litigation.



                                                              Respectfully Submitted,

                                                              /s/ Troy A. Archie, Esq.




                      21 ROUTE 130 SOUTH CINNAMINSON, NEW JERSEY 08077
                           PHONE (856) 786-7000 ∙ FAX (856) 385-8181

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  1. First Motion for Downward Departure Motion to Stay — USA v. Rivera et al. (Dkt. 107, D.N.J. No. 1:23-mj-02053)same docket · 2025-11-26
  2. Text of Proposed Order — USA v. RIVERA et al (Dkt. 107.1)same docket · 2025-11-26
  3. ORDER Transferring Case to the Honorable Matthew W.… — USA v. RIVERA et al (Dkt. 109)same docket · 2025-12-05
  4. Designation Order of July 28, 2025 — USA v. Rivera et al. (Dkt. 109-1, D.N.J. No. 1:23-mj-02053)same docket · 2025-12-05
  5. Order Denying as moot 50 Motion for Release of Brady Materials — USA v. Rivera et al. (Dkt. 76, D.N.J. No. 1:23-mj-02053)same docket · 2025-05-20
  6. Order, The motion to disqualify and stay is Denied — USA v. Rivera et al. (Dkt. 111, D.N.J. No. 1:23-mj-02053)same docket · 2025-12-15
  7. Letter from United States re: Defendants' Motions to Sever — USA v. Rivera et al. (Dkt. 72, D.N.J. No. 1:23-mj-02053)same docket · 2025-04-14
  8. Letter-Motion for Self-Surrender Extension — US v. Ponzosame case · 2026-04-06
  9. Omnibus Pre-Trial Motions — United States v. Adrienne Ponzosame case · 2024-12-02
  10. Motion to Compel Production Pursuant to Brady v. Maryland — United States v. Adrienne Ponzo (D.N.J.)same case · 2024-12-02
  11. Order Modifying Conditions of Release (Travel Permission) — U.S. v. Ponzo (D.N.J.)same case · 2024-02-29
  12. Order Denying Motion to Modify Conditions of Release — U.S. v. Ponzo (D.N.J.)same case · 2023-10-17
  13. Order on Bail Review — US v. Ponzosame case · 2023-10-17
  14. Minute Entry, Hearing on Motion to Modify Conditions — U.S. v. Ponzo (D.N.J.)same case · 2023-10-17
  15. Motion to Modify Conditions of Release — US v. Ponzosame case · 2023-09-08
  16. Judgment as to Adrienne Ponzo (2), Counts 11 — USA v. Rivera et al. (Dkt. 116, D.N.J. No. 1:23-mj-02053)same docket · 2026-03-04
  17. Minute Entry — Guilty Plea to Count 5 of the Indictment — USA v. Rivera et al. (PONZO) (D.N.J. No. 1:23-mj-02053, 2025-04-09)same docket · 2025-04-09
  18. Sentencing Minutes of Proceedings — USA v. Rivera et al. (PONZO) (D.N.J. No. 1:23-mj-02053)same docket · 2026-03-04
  19. Consent Judgment and Order of Forfeiture, Money Judgment — USA v. Rivera et al. (Dkt. 71, D.N.J. No. 1:23-mj-02053)same docket · 2025-04-09

Part of: United States v. Adrienne Ponzo · U.S. District Court for the District of New Jersey · Paycheck Protection Program (PPP) · COVID Economic Injury Disaster Loans (EIDL) · Criminal prosecutions · Letters · 2025 · Court filings

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