Chartier

MEMORANDUM *

Randall Chartier appeals his conviction and sentence for conspiracy to manufacture marijuana and manufacturing of marijuana. We affirm the conviction, vacate the sentence and remand for resentencing in light of Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and our opinion in United States v. Ameline, 376 F.3d 967 (9th Cir.2004).

I

Chartier asserts that the entry and search of a marijuana patch by law enforcement personnel impermissibly encroached on the curtilage of his rural residence. Chartier argues that the district court erred in refusing to suppress the fruits of this search. See Wong Sun v. United States, 371 U.S. 471, 487 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963). We disagree. Analysis of the four factors articulated by the Supreme Court in United States v. Dunn, 480 U.S. 294, 301 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987), demonstrates that the marijuana patch was not “so intimately tied to the home itself that it should be placed under the home’s ‘umbrella’ of Fourth Amendment protection.” Id.

First, the marijuana plants were located a substantial distance from the residence. Although not determinative on its own, see United States…