___________ No. 96-1572 ___________ Jay L. Werner, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri.

Stephen L. Hill, United States * [UNPUBLISHED] Attorney, Western District of * Missouri, * * Appellee. * ___________ Submitted: July 30, 1996 Filed: August 2, 1996 ___________ Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Jay L. Werner appeals from the district court's1 order dismissing 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 that the district properly dismissed the action. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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