No. 05-3517 ___________ United States of America, * * Appellee, * Appeals from the United States * District Court for the v. * District of Nebraska. * Courtney Allen Coney, * * Appellant. *

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No. 05-3590 ___________ United States of America, * * Appellee, * * v. * * Robert Allen Coney, * * Appellant. * ___________

No. 05-3931 ___________ United States of America, * * Appellee, * * v. * * Marco Allen Coney, * * Appellant. * ___________

Submitted: April 19, 2006 Filed: August 4, 2006 ___________ Before LOKEN, Chief Judge, BOWMAN and BYE, Circuit Judges. ___________ BOWMAN, Circuit Judge.

Brothers Courtney Allen Coney, Robert Allen Coney, and Marco Allen Coney1 (collectively, the defendants) appeal the denial by the District Court2 of their motions to suppress. We affirm.

1 Because the defendants share the same middle and last names, we will refer to each defendant by his first name, i.e., Courtney, Robert, and Marco. 2 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska, adopting the Report and Recommendation of the Honorable David L. Piester, United States Magistrate Judge for the District of Nebraska.

-2- I.

On a cold but sunny day in December 2004, Deputy Bill Maddux of the Seward County (Nebraska) Sheriff's Office was running stationary radar on Interstate 80. In the early afternoon, Maddux clocked a van occupied by the defendants traveling eighty-one miles per hour. Because the maximum speed limit was seventy-five miles per hour, Maddux made a traffic stop of the van. Robert was in the driver's seat, Marco was in the front passenger's seat, and Courtney was in the far back of the van on the rear-bench seat. After Maddux informed Robert that he had been speeding, Maddux asked Robert to come to the patrol car. Robert obliged. While inside the patrol car, Maddux told Robert that he was going to receive a warning for speeding. Maddux checked the status of Robert's driver's license, checked to see if any outstanding warrants for Robert existed, and because the van was rented, reviewed the van's rental agreement. The rental agreement listed the defendants' mother as the renter and Courtney as the additional driver. While performing these duties, Maddux asked Robert about his travel plans, e.g., where the brothers had been and where they were going. Maddux then asked Robert to stay in the car so that Maddux could go to the van to ask Courtney and Marco some questions about the rented van, since the renter was not present. Maddux asked Marco about the rental agreement and also asked Marco and Courtney abou