Steven McCoy v. USA

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-4039
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Western
v. * of Missouri.
*
Lester McGrone, * [UNPUBLISHED]
*
Appellant. *
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Submitted: August 6, 2001
Filed: August 8, 2001
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Before HANSEN, FAGG, and BEAM, Circuit Judges.
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PER CURIAM.
Lester McGrone appeals the district court's denial of his motion to suppress
evidence seized during a search of McGrone's car. Specifically, McGrone argues the
court committed clear error when it credited a police officer's testimony that he arrested
McGrone for driving without a license before the search of his car. Having reviewed
the record, we reject McGrone's argument. See United States v. Jones, No. 99-3027,
2001 WL 673578, *2 (8th Cir. June 18, 2001) (district court's credibility determinations
are "well-nigh unreviewable"); United States v. Snook, 88 F.3d 605, 607 (8th Cir.
1996) (standard of review). In our view, the district court properly denied McGrone's

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suppression motion because the car was searched incidental to McGrone's arrest. See
New York v. Belton, 453 U.S. 454, 460 (1981); United States v. Dawdy, 46 F.3d
1427, 1430 (8th Cir. 1995); United States v. Riedesel, 987 F.2d 1383, 1389 (8th Cir.
1993). We thus affirm the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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