Henry

MEMORANDUM *

Bryan Joseph Henry appeals from his guilty plea conviction and sentence for possession of a controlled substance — “ecstacy” — with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm the district court in part, and remand.

1.

Henry argues that the district court ought to have suppressed the evidence against him on the basis of an illegal search of the base quarters in which he was purportedly residing. While it is well-established that a person’s status as an overnight guest may itself be sufficient to suggest a legitimate expectation of privacy, Minnesota v. Olson, 495 U.S. 91, 96-97 , 110 S.Ct. 1684 , 109 L.Ed.2d 85 (1990), a defendant’s “bald assertion” of that status is insufficient to satisfy the necessary quantum of proof. United States v. Armenia, 69 F.3d 304, 308 (9th Cir.1995). Rakas v. Illinois, 439 U.S. 128, 141 , 99 S.Ct. 421 , 58 L.Ed.2d 387 n.9 . The room was registered to Ms. Bacote, not to Henry. When confronted by investigators, Henry made no pretense of being familiar with Ms. Bacote, the ostensible inhabitant of Room 85 who was its only registered…