IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-11411 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN JOSÉ PADILLA,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CR-114-2-Y

September 7, 2000

Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM*:

Juan José Padilla appeals his conviction following a

conditional guilty plea to possession with intent to distribute

cocaine. Padilla argues that the district court erred when it

denied his motion to suppress cocaine seized from his car after a

traffic stop. The testimony at the evidentiary hearing indicates

that the information available to the officers gave them reasonable

* Pursuant to 5TH CIR. R. 47.5 the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. suspicion to think that Padilla was dealing cocaine. Thus, the

officers had reasonable suspicion to make a traffic stop under

Terry v. Ohio,

(1968), thereby detaining Padilla

until that suspicion could be confirmed or refuted. United States

v. Shabazz,

(5th Cir. 1993).

Padilla contends that the length of time–approximately forty-

five minutes–between the initial stop and the arrival of the dog

transformed the Terry stop into a full-blown arrest without

probable cause. Padilla’s detention lasted no longer than

necessary to effect the purpose of the stop–to identify the package

Garcia had left with from the Schwartz house. United States v.

Sharpe,

(1985); United States v. Zukas,

(5th Cir. 1988). Once the dog alerted to the car, the

officers had probably cause to arrest Padilla. See United States

v. Zucco,

(5th Cir. 1995).

Padilla argues that the district court should not have

admitted as expert testimony the testimony of Officer Tebay, one of

the officers who participated in his surveillance. Padilla did not

specify this as an issue for appeal in his conditional guilty plea.

The issue is, therefore, waived. United States v. Wise,

(5th Cir. 1999).

AFFIRMED.

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