IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40659
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NDUBUIZU M. MBADIWE,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6-95-CR-58-1
- - - - - - - - - -
February 24, 1997
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Ndubuizu M. Mbadiwe appeals his conviction and sentence for
possession of cocaine with the intent to dristibute. He argues
that the district court should have granted his motion to
suppress evidence Mbadiwe argues that the district court erred
by denying his motion to suppress the cocaine that was discovered
during a search of his car because: 1) his detention exceeded
the scope of the traffic stop, making the delay unreasonable;
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-40659
- 2 -
2) his consent to search was not voluntarily given; and 3) the
search was illegal because it was conducted without a warrant.
Viewing the evidence in the light most favorable to the
Government, the district court did not err by denying Mbadiwe’s
motion to suppress evidence. See United States v. Ponce, 8 F.3d
989, 995 (5th Cir. 1993).
AFFIRMED.