Securities & Exchang v. Hanke ( 1999 )


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  •  [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]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.
    -2-
    

Document Info

Docket Number: 97-2277

Filed Date: 1/28/1999

Precedential Status: Non-Precedential

Modified Date: 4/17/2021