United States v. Cody Dobbs

MEMORANDUM

Defendant Cody Dobbs appeals his convictions on two counts of manufacture and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1), and two conspiracy counts, in violation of 21 U.S.C. § 846 . We affirm.

1. Reviewing de novo, United States v. Davis, 530 F.3d 1069, 1077 (9th Cir.2008), we hold that the district court correctly denied Defendant’s motion to suppress because the investigating agents did not enter the curtilage of the 80-acre property at 4589 Crooked Prairie Road. None of the four factors described by the Supreme Court in United States v. Dunn, 480 U.S. 294, 300-01 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987), weighs in favor of a finding that the agents entered the curtilage.

First, the agents stood 75 yards from the residence. See id. at 302 , 107 S.Ct. 1134 (holding that a distance of 60 yards from the residence on a 198-aere property was a “substantial distance [that] supports no inference” that the agents were within the curtilage); Davis, 530 F.3d at 1078 (holding that a distance of 60 yards from the residence on a rural property was not within the curtilage). Second, the agents stood on the driveway, “a distinct…