Magallon

MEMORANDUM ***

Federico Villanueva Magallon appeals his conviction and sentence for various drug offenses involving the importation and distribution of marijuana. See 21 U.S.C. §§ 841 (a)(1), 846, 952, 960, 963. We affirm in part, vacate in part, dismiss in part, and remand.

(1) Villanueva first attacks the failure of the district court to suppress marijuana which was seized upon service of a search warrant. The government had a warrant to search the premises at 792 Ada Street, Chula Vista, California (hereafter 792). Another garage and house were on the same property — 784 Ada Street, Chula Vista, California (hereafter 784). Both 792 and 784 were entered, and drugs were discovered in the latter.

Villanueva possessed and controlled both 792 and 784 and, in fact, 784 was not being used as a separate residence by some *18 third, innocent party. From the record, it is clear that 784 was within the curtilage of 792. See United States v. Cannon, 264 F.3d 875, 881 (9th Cir.2001), cert. denied, — U.S. -, 122 S.Ct. 1097 , 151 L.Ed.2d 994 (2002); United States v. Johnson, 256 F.3d 895, 901-04 (9th Cir. 2001) (en banc) (per curium); id. at 916-19 (separate opinion of Kozinski, J.); Mena…