___________ No. 96-1180 ___________ Randy R. Downey, * * Appellant, * * v. * Appeal from the United States * District Court for the Patrick McInerney; Thomas M. * Western District of Missouri.

Larson; Stephen L. Hill, Jr.; * Janet Reno, * [UNPUBLISHED] * Appellees. *

___________ Submitted: May 27, 1996 Filed: May 31, 1996 ___________ Before FAGG, BOWMAN, and HANSEN, Circuit Judges. ___________ PER CURIAM.

Randy Downey appeals from the District Court's1 dismissal of his declaratory judgment action challenging the constitutionality of Federal Rule of Criminal Procedure 6(d) and 28 U.S.C. § 515 (1994). Having reviewed the record and the parties' briefs, we conclude the District Court properly dismissed the action. Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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