alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2003 Decisions

Opinions of the United

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Precedential or Non-Precedential: Non-Precedential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

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.

Recommended Citation

"USA v. Moquete" (2003). 2003 Decisions. Paper 390.

http://digitalcommons.law.villanova.edu/thirdcircuit_2003/390
NOT PRECEDENTIAL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

 

AMBRO, 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
2

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
UNITED STATES OF AMERICA

before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES ACT OF 1933

Release No. 10070 / April 19, 2016

Admin. Proc. File No. 3-17011 

In the Matter of 

the Registration Statement of

Blue Mountain Eco Tours, Inc.

11 Rocky Road, Queensborough

Kingston, Jamaica 19

NOTICE THAT INITIAL DECISION HAS BECOME FINAL

The time for filing a petition for review of the initial decision in this proceeding has 

expired. No such petition has been filed by Blue Mountain Eco Tours, Inc., and the Commission 

has not chosen to review the decision on its own initiative.

Accordingly, notice is hereby given, pursuant to Rule 360(d) of the Commission's Rules 

of Practice,1that the initial decision of the administrative law judge has become the final 

decision of the Commission with respect to Blue Mountain Eco Tours, Inc.

2

The order contained 

in that decision is hereby declared effective. The initial decision ordered that, pursuant to 

Section 8(d) of the Securities Act of 1933, the effectiveness of the registration statement filed by 

Blue Mountain Eco Tours, Inc., is suspended.

For the Commission, by the Office of the General Counsel, pursuant to delegated 

authority.

Brent J. Fields

 Secretary

 

1

17 C.F.R. § 201.360(d).

2

 Blue Mountain Eco Tours, Inc., Initial Decision Release No. 966 (Feb. 26, 2016), 113 SEC 

Docket 11, 2016 WL 757796.
Transformer Products

1900 East North Street
Waukesha, WI 53188 Phone: (262) 547

- 1251 Fax: (262) 524

- 4513 jerry.corkran@cooperindustries.com

Cell 262

- 442

- 9148

Ms. Brenda Edwards

- Jones February 21, 2012

U.S. Department of Energy Building Technologies Program Mailstop EE

- 2J

ANOPR for Distribution Transformers

EE-R M/STD

- 00

- 550 1000 Independence Ave. SW Washington, DC 20585

- 0121

Re: Cooper Industries supports DOE Transformer NOPR [RIN 1904

– AC04, Docket No. EERE

– 2010 –BT–STD– 0048] and Federal support document 77 FR 7282 (10 February 2012) along with

Technical Correction

Dear Ms. Edwards

- Jones;

Cooper Power Systems

, a division of Cooper Industries

, is a Distribution Transformer Man ufacturer with four manufacturing facilities in the United States. Cooper is a major supplier to many of the electrical utilities impacted by the improved efficiency standards proposed by the DOE.

Cooper Power Systems would like to commend the Department of Energy on its proposed ruling on transformer efficiency, and offer our gratitude for having had the opportunity to participate in the rulemaking working group. Based on our analysis and the information presented by all parties during working group sessions, Cooper considers the proposed ruling the best choice for the distribution transformer industry and for the American people who will receive more efficient

transformers in a cost justifiable manner

. Furthermore, the proposed ruling will allow both silicon core steel and amorphous core steel to participate in the distribution transformer market. The result of the ruling will ensure continuity of supply, future competitiveness of domestic core steel manufacturing, and considers the im pact of pole transformer weight and transformer affordability.

I will participate in the public Meeting this Thursday to strongly express Cooper Power Systems’ support of the DOE’s proposed ruling.

Regards,

Jerry Corkran
|   | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------|

|   | 2. | The information contained in the Report fairly presents, in all material respects the financial condition and results of operations of the Company. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: February 22, 2011 | /s/ Dirk L. Benschop                                                         |
|-------------------------|------------------------------------------------------------------------------|
|                    | Dirk L. Benschop, Director, Chief Executive Officer, President and Treasurer |

| Date: February 22, 2011 | /s/ Leslie G. Pettitt                                                                 |
|-------------------------|---------------------------------------------------------------------------------------|
|                    | Leslie G. Pettitt, Director, Chief Financial Officer and principal accounting officer |

----
§ 524.41 Types of progress reports. The Bureau of Prisons prepares the following types of progress reports. ( a ) Initial Hearing—prepared for an inmate's initial parole hearing when progress has not been summarized within the previous 180 days.
( b ) Statutory Interim/Two-Thirds Review—prepared for a parole hearing conducted 18 or 24 months following a hearing at which no effective parole date was established, or for a two-thirds review (see 28 CFR 2.53) unless the inmate has waived the parole hearing.
( c ) Pre-Release— ( 1 ) Record Review—prepared for and mailed to the appropriate Parole Commission office at least eight months prior to the inmate's presumptive parole date.
( 2 ) Final—prepared at least 90 days prior to the release of an offender to a term of supervision.
( d ) *Transfer report* —prepared on an inmate transferring to community confinement or any non-Bureau facility.
( e ) Other—prepared for any reason other than those previously stated in this section. The reason (e.g., court request, clemency review) is specified in the report.
[55 FR 49977, Dec. 3, 1990, as amended at 59 FR 6856, Feb. 11, 1994; 60 FR 10722, Feb. 27, 1995; 63 FR 7604, Feb. 13, 1998; 78 FR 63877, Oct. 25, 2013]
### §2438. Criminal offenses

#### (a) Offenses

A person is guilty of an offense if that person commits any act prohibited by paragraph (4), (5), (6), or (7) of section 2435 of this title.

#### (b) Punishment

Any offense described in subsection (a) is punishable by a fine of $50,000, or imprisonment for not more than ten years, or both.

#### (c) Offenses under other laws

A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law.

(Pub. L. 98–623, title III, §309, Nov. 8, 1984, 98 Stat. 3403.)
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 37 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
S. J. RES. 37

 Providing for congressional disapproval of the proposed export to the 
United Arab Emirates, the United Kingdom of Great Britain and Northern 
  Ireland, and the Republic of France of certain defense articles and 
                               services.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2019

Mr. Menendez (for himself, Mr. Graham, Mr. Murphy, Mr. Paul, Mr. Leahy, 
  Mr. Young, and Mr. Reed) introduced the following joint resolution; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION

 
 Providing for congressional disapproval of the proposed export to the 
United Arab Emirates, the United Kingdom of Great Britain and Northern 
  Ireland, and the Republic of France of certain defense articles and 
                               services.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the issuance of an export 
license with respect to any of the following proposed exports to the 
United Arab Emirates, the United Kingdom of Great Britain and Northern 
Ireland, or France is prohibited:
            (1) The transfer of the following defense articles, 
        including defense services and technical data, described in 
        Executive Communication 1425 (EC-1425) submitted to Congress 
        pursuant to section 36(c) of the Arms Export Control Act (22 
        U.S.C. 2776(c)) and published in the Congressional Record on 
        June 3, 2019: The proposed transfer of 44,000 GBU-12 Paveway II 
        Kits and the proposed transfer of 16,000 GBU-10 Paveway II 
        Kits.
                                 <all>
```
2003 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit
7-2-2003 

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w Di g it al Re posit or y

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w . v i l l a no va . e du/thir dc ir c uit_2003/390NOT PRECEDENTIAL UNIT ED S TAT ES COU RT OF A PP EALS FOR THE THIR D CIR CUIT


### No. 02-4497
UNITED S TATES OF AMERI CA

v. JUNIOR JOSE MOQUETE, Appellant App eal from th e Un ited States District Co urt for the Easte rn D istrict of P enns ylvania (D.C. Crimi nal Acti on No. 01-cr- 00551-1) Distri ct Judge: Honorable Frankl in S. VanAntwerpen
Submitte d Under Third Circ uit LAR 34.1(a)

June 30, 2003 Be for e: S LO VI TE R, A M BR O a nd B EC KE R, Circuit Judges (Opinion fi led: J uly 2, 2003 )

OPI NION
AM BR O, Circuit

Judge In thi s cri minal cas e, the District Court applie d United States Sentenci ng Guideline § 5C1.2 to depart downward from the st atutor y mini mum sentence of 120 months impris onment. The Court sentence d Junior J ose Moquette t o 78 months, wit hin the2

adjusted Guideline range of 70 to 87 months. On a ppeal, M oquette “raises n o legal que stion with respe ct to the dow nwa rd departure of his s entence but chall enges onlythe ext ent of the dist rict court’ s exerci se of discr etion. ” Un ited Sta tes v. K halil , 132 F.3d 897, 898 (3d Cir. 1997). We do not have juris dicti on t o re view this d iscre tion ary de cisio n. See id. The appeal i s ther efore di smissed for lack of j urisdi ction.

TO THE C LERK: Please fi le theforegoing Opini on.
By the C ourt,

/s/ Thomas L. Ambro Circuit

Judge
<PAGE>
                                                                      EXHIBIT 24


                                POWER OF ATTORNEY


     Each person whose signature appears below authorizes Alan G. McNally,
Chairman of the Board and Chief Executive Officer, or Edward W. Lyman, Vice
Chair of the Board, to execute in the name of each such person who is then an
officer or director of the registrant, and to file, the 2001 Harris Bankcorp,
Inc. Annual Report to the Securities and Exchange Commission on Form 10-K
pursuant to the requirements of the Securities Exchange Act of 1934.




     /s/                                  /s/
     ----------------------------         -------------------------------
     Pastora San Juan Cafferty            Richard M. Jaffee
     Director                             Director


     /s/                                  /s/
     ----------------------------         -------------------------------
     Haven E. Cockerham                   Edward W. Lyman
     Director                             Vice Chair and Director


     /s/                                  /s/
     ----------------------------         -------------------------------
     F. Anthony Comper                    Alan G. McNally
     Director                             Chairman of the Board,
                                          Chief Executive Officer,
                                          and Director


     /s/                                  /s/
     ----------------------------         -------------------------------
     Susan T. Congalton                   Charles H. Shaw
     Director                             Director


     /s/                                  /s/
     ----------------------------         -------------------------------
     Wilbur H. Gantz                      Richard E. Terry
     Director                             Director


     /s/                                  /s/
     ----------------------------         -------------------------------
     James J. Glasser                     James O. Webb
     Director                             Director


     /s/
     ----------------------------
     Leo M. Henikoff
     Director
#### § 1304.402 Wastewater outfalls.

Applicants for a wastewater outfall shall provide copies of all Federal, State, and local permits, licenses, and approvals required for the facility prior to applying for TVA approval, or shall concurrently with the TVA application apply for such approvals. A section 26a permit shall not be issued until other required water quality approvals are obtained, and TVA reserves the right to impose additional requirements.
### §1423b. Administration

#### (a) In general

The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the Agreement on behalf of the United States. The Secretary shall consult with the Secretary of State and the Alaska Nanuuq Commission on matters involving the implementation of the Agreement.

#### (b) Utilization of other government resources and authorities

#### (1) Other government resources

The Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any State agency, or the Alaska Nanuuq Commission for purposes of carrying out this subchapter or the Agreement.

#### (2) Other powers and authorities

Any person authorized by the Secretary under this subsection to enforce this subchapter or the Agreement shall have the authorities that are enumerated in section 3375(b) of this title.

#### (c) Ensuring compliance

#### (1) Subchapter II authorities

The Secretary may use authorities granted under subchapter II for enforcement, imposition of penalties, and the seizure of cargo for violations under this subchapter, provided that any polar bear or any part or product of a polar bear taken, imported, exported, possessed, transported, sold, received, acquired, purchased, exchanged, or bartered, or offered for sale, purchase, exchange, or barter in violation of this subchapter, shall be subject to seizure and forfeiture to the United States without any showing that may be required for assessment of a civil penalty or for criminal prosecution under this chapter.

#### (2) Additional authorities

Any gun, trap, net, or other equipment used, and any vessel, aircraft, or other means of transportation used, to aid in the violation or attempted violation of this subchapter shall be subject to seizure and forfeiture under section 1376 of this title.

#### (d) Regulations

#### (1) In general

The Secretary shall promulgate such regulations as are necessary to carry out this subchapter and the Agreement.

#### (2) Ordinances and regulations

If necessary to carry out this subchapter and the Agreement, and to improve compliance with any annual taking limit or other restriction on taking adopted by the Commission and implemented by the Secretary in accordance with this subchapter, the Secretary may promulgate regulations that adopt any ordinance or regulation that restricts the taking of polar bears for subsistence purposes if the ordinance or regulation has been promulgated by the Alaska Nanuuq Commission.

(Pub. L. 92–522, title V, §503, as added Pub. L. 109–479, title IX, §902(a), Jan. 12, 2007, 120 Stat. 3662.)
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

ADMINISTRATIVE PROCEEDINGS RULINGS

Release No. 6888/December 5, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-20531

In the Matter of :

:

HORTER INVESTMENT MANAGEMENT, LLC, : ORDER

and DREW K. HORTER :

The Securities and Exchange Commission instituted this proceeding with an Order 

Instituting Proceedings, pursuant to Sections 203(e), 203(f), and 203(k) of the Investment Advisers 

Act of 1940, on September 8, 2021. The proceeding was stayed pursuant to 17 C.F.R. § 

201.161(c)(2) (Stay Pending Commission Consideration of Offer of Settlement) on September 23, 

2022. Horter Inv. Mgmt., LLC, Admin. Proc. Rulings Release No. 6873, 2022 SEC LEXIS 2540

(A.L.J.). On November 3, 2022, the Commission accepted Respondents’ Offer of Settlement and 

ordered continued proceedings to determine (a) what, if any, civil penalties are appropriate and in 

the public interest under Section 203(i) of the Advisers Act; and (b) what, if any, other remedial 

actions are appropriate and in the public interest under Sections 203(e) and 203(f). Horter Inv. 

Mgmt., LLC, Advisers Act Release No. 6182. The Commission ordered that these issues may be 

determined “on the basis of affidavits, declarations, excerpts of sworn deposition or investigative 

testimony, documentary evidence, expert reports, and if the [undersigned] determines it necessary, 

hearing testimony.” Id. at 13. The stay was lifted on November 4, 2022, and the parties filed a joint 

proposal on procedures for the resolution of the issues that the Commission ordered to be 

determined. See Horter Inv. Mgmt., LLC, Admin. Proc. Rulings Release No. 6878, 2022 SEC 

LEXIS 2975 (A.L.J.).

The parties’ proposal will be adopted: they will each file simultaneous briefs addressing the 

issues by January 9, 2023, with responsive briefs due by January 30, 2023.

IT IS SO ORDERED. 

/S/ Carol Fox Foelak 

Carol Fox Foelak

Administrative Law Judge
§ 54.140 Dissemination of policy. ( a ) *Notification of policy.* ( 1 ) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of sex in the educational programs or activities that it operates, and that it is required by Title IX and these Title IX regulations not to discriminate in such a manner. Such notification shall contain such information, and be made in such manner, as the designated agency official finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and these Title IX regulations, but shall state at least that the requirement not to discriminate in education programs or activities extends to employment therein, and to admission thereto unless §§ 54.300 through 54.310 do not apply to the recipient, and that inquiries concerning the application of Title IX and these Title IX regulations to such recipient may be referred to the employee designated pursuant to § 54.135, or to the designated agency official.
( 2 ) Each recipient shall make the initial notification required by paragraph (a)(1) of this section within 90 days of September 29, 2000 or of the date these Title IX regulations first apply to such recipient, whichever comes later, which notification shall include publication in: ( i ) Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and
( ii ) Memoranda or other written communications distributed to every student and employee of such recipient.
( b ) *Publications.* ( 1 ) Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each announcement, bulletin, catalog, or application form that it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees.
( 2 ) A recipient shall not use or distribute a publication of the type described in paragraph (b)(1) of this section that suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by these Title IX regulations.
( c ) *Distribution.* Each recipient shall distribute without discrimination on the basis of sex each publication described in paragraph (b)(1) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph (a) of this section, and shall require such representatives to adhere to such policy.
#### § 47.5 Certification.

Prior to obtaining the requested records pursuant to a formal written request, an official of a rank designated by the head of the requesting Departmental unit shall certify in writing to the financial institution that the Departmental unit has complied with the applicable provisions of the Act.