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UNITED STATES of America, Plaintiff-Appellee,
v.
Julio Manuel SOMELLIAN, Defendant-Appellant.
No. 94-3207.
United States Court of Appeals, Sixth Circuit.
April 12, 1995.
Before: KENNEDY and NORRIS, Circuit Judges, and TAYLOR, District Judge.*
ORDER
Julio Manuel Somellian appeals his judgment of conviction and sentence following his guilty plea to one count of possession with intent to distribute in excess of five kilograms of cocaine in violation of 18 U.S.C. Sec. 2 and 21 U.S.C. Sec. 841. The district court sentenced Somellian to 33 months of imprisonment, five years of supervised release, and imposed a $50 special assessment. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed in this case. Fed.R.App.P. 34(a).
In this timely appeal, Somellian argues that the district court improperly denied his motion to suppress in concluding that Somellian was not the victim of an illegal search and seizure.
In reviewing the district court's decision denying Somellian's motion to suppress, we uphold the district court's findings of fact unless they are clearly erroneous and we review the court's legal conclusions de novo. United States v. Diaz,
We conclude that Somellian was not the victim of an illegal search and seizure. The state troopers properly stopped Somellian for committing a traffic violation. See United States v. Ferguson,
Accordingly, we affirm the district court's judgment.
Notes
The Honorable Anna Diggs Taylor, United States District Judge for the Eastern District of Michigan, sitting by designation