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No. 96-1888 ___________

UNITED STATES OF AMERICA * * Plaintiff - Appellee * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. JOE ORONA * * [UNPUBLISHED] Defendant - Appellant * *

Submitted: November 20, 1996

Filed: January 10, 1997 ___________

Before MCMILLIAN and HENLEY, Circuit Judges, and BOGUE,* District Judge. ___________

PER CURIAM.

Joe Orona entered a Rule 11(a)(2) plea to possession with intent to deliver marijuana. On appeal, Orona contends the district court improperly refused to suppress evidence and statements gathered during a search of Orona's vehicle. Orona claims that the police expanded the scope of a lawful traffic stop without justification, and that he was thereafter unlawfully seized. He further argues that his consent to search his vehicle was tainted by his unlawful arrest and that the search was therefore unlawful.

*The HONORABLE ANDREW W. BOGUE, United States District Judge for the District of South Dakota, sitting by designation. After a careful review of the record and the parties' briefs, we conclude the magistrate judge properly denied Orona's motion to suppress, and that an opinion would lack precedential value and would serve no useful purpose. We thus affirm for the reasons stated in the magistrate judge's report adopted by the district court. See 8th Cir. R. 47B.

A true copy.

Attest:

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