Securities & Exchang v. Hanke

• Court: Court of Appeals for the First Circuit
• Decided: January 28, 1999
• Docket: 97-2277U
• Status: Unpublished

Opinion

USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit


Nos. 98-2277

     98-2278


IN RE:

                      GRAND JURY SUBPOENAS,


APPEALS FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF PUERTO RICO



          [Hon. Jose Antonio Fuste, U.S. District Judge]


Before



                      Stahl, Circuit Judge,

                Campbell, Senior Circuit Judge,

                   and Lynch, Circuit Judge.


David W. Roman and Brown & Ubarri on brief for appellant.

     Guillermo Gil, United States Attorney, Maria Dominguez-

Victoriano, Assistant United States Attorney, and Nelson Perez-

Sosa, Assistant United States Attorney on brief for appellee.


January 27, 1999


Per Curiam.  As a preliminary matter, we conclude that to the

extent that the appellant here is an individual, and not the

corporate entity of which he is an officer, we have no jurisdiction

to hear these appeals.  See In re Grand Jury Subpoenas, 123 F.3d

695, 696-99 (1st Cir. 1997); Jones v. Board of Governors, 79 F.3d

1168, 1170 (D.C. Cir. 1997); In re Dein Host, Inc., 835 F.2d 402,

404-06 (1st Cir. 1987).  To that extent, these appeals must be

dismissed.  

     We further conclude that, to the extent that the appellant

here is the corporate entity, we have jurisdiction.  See Grand Jury

Subpoenas, 123 F.3d at 696-99.  To that extent, we have carefully

reviewed the sealed briefs and record, and we affirm the October 5

and 28, 1998 orders denying the motions to quash, essentially for

the reasons stated by the district court in those orders.

     Appeals dismissed in part, and orders affirmed.  See 1st Cir.

Loc. R. 27.1.


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