United States v. Moquete

• Court: Court of Appeals for the Third Circuit
• Decided: July 2, 2003
• Docket: 02-4497
• Status: Unpublished

Opinion

Opinions of the United 2003 Decisions States Court of Appeals for the Third Circuit

7-2-2003

USA v. Moquete Precedential or Non-Precedential: Non-Precedential

Docket No. 02-4497

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2003

Recommended Citation "USA v. Moquete" (2003). 2003 Decisions. Paper 390. http://digitalcommons.law.villanova.edu/thirdcircuit_2003/390

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2003 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 02-4497

UNITED STATES OF AMERICA

v.

JUNIOR JOSE MOQUETE,

Appellant

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal Action No. 01-cr-00551-1) District Judge: Honorable Franklin S. VanAntwerpen

Submitted Under Third Circuit LAR 34.1(a) June 30, 2003

Before: SLOVITER, AMBRO and BECKER, Circuit Judges

(Opinion filed: July 2, 2003 )

OPINION

AM BRO, Circuit Judge

In this criminal case, the District Court applied United States Sentencing Guideline

§ 5C1.2 to depart downward from the statutory minimum sentence of 120 months

imprisonment. The Court sentenced Junior Jose Moquette to 78 months, within the adjusted Guideline range of 70 to 87 months.

On appeal, Moquette “raises no legal question with respect to the downward

departure of his sentence but challenges only the extent of the district court’s exercise of

discretion.” United States v. Khalil, 132 F.3d 897, 898 (3d Cir. 1997). We do not have

jurisdiction to review this discretionary decision. See id.

The appeal is therefore dismissed for lack of jurisdiction.

TO THE CLERK:

Please file the foregoing Opinion.

By the Court,

/s/ Thomas L. Ambro Circuit Judge