[Congressional Record (Bound Edition), Volume 149 (2003), Part 15]
[Senate]
[Page 20521]
[From the U.S. Government Publishing Office, www.gpo.gov]




 NOMINATION OF FRANK MONTALVO, OF TEXAS, TO BE UNITED STATES DISTRICT 
                                 JUDGE

  The PRESIDING OFFICER (Mr. Graham of South Carolina). Under the 
previous order, the Senate will proceed to the nomination of Frank 
Montalvo, to be United States District Judge, which the clerk will 
report.
  The legislative clerk read the nomination of Frank Montalvo, of 
Texas, to be United States District Judge for the Western District of 
Texas.
  Mr. LEAHY. Mr. President, have the yeas and nays been ordered on this 
judge?
  The PRESIDING OFFICER. No.
  Mr. LEAHY. This is the second of the five?
  The PRESIDING OFFICER. That is correct.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Frank Montalvo, of Texas, to be United States District Judge for the 
Western District of Texas?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Mississippi (Mr. 
Cochran), the Senator from New Mexico (Mr. Domenici) and the Senator 
from Mississippi (Mr. Lott) are necessarily absent.
  Mr. Reid. I announce that the Senator from Massachusetts (Mr. Kerry), 
the Senator from Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``aye''.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 95, nays 0, as follows:

                      [Rollcall Vote No. 321 Ex.]

                                YEAS--95

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--5

     Cochran
     Domenici
     Kerry
     Lieberman
     Lott
  The nomination was confirmed.

                          ____________________