United States v. Moquete ( 2003 )

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Precedential or Non-Precedential: Non-Precedential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
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Recommended Citation
"USA v. Moquete" (2003). 2003 Decisions. Paper 390.
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NOT PRECEDENTIAL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
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