Brown

MEMORANDUM *

Richard T. Brown appeals his conviction and sentence for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A). He argues that the district court erred when it denied his motion to suppress evidence seized when police discovered him operating a methamphetamine lab in a shed in his co-defendant’s backyard during the officers’ response to a reported kidnaping. After de novo review, see Ornelas v. United States, 517 U.S. 690, 699 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996), we affirm the conviction. Because Brown was sentenced under the mandatory provisions of *719 the Sentencing Guidelines, we remand in accordance with United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). Because the parties are familiar with the facts, we recite them herein only as necessary to our disposition.

Officer Hogsett’s warrantless search of the backyard fell under the emergency exception to the warrant requirement because it satisfied the three conditions to justify such a search. See United States v. Cervantes, 219 F.3d 882, 888-91 (9th Cir.2000). The report of a possible armed kidnaping gave the police officers an initial reasonable…