Whiteaker

MEMORANDUM **

Robert Franklin Whiteaker was convicted by conditional guilty plea to manufac *709 taring marijuana in violation of 21 U.S.C. § 841 (a)(1) and to possessing an unregistered short-barreled shotgun in violation of 26 U.S.C. § 5861 (d). Shawna Rochelle Whiteaker was convicted by conditional guilty plea to misprision of a felony in violation of 18 U.S.C. § 4 . The Whiteakers appeal the denial of their motion to suppress evidence seized during the search of their home. We have jurisdiction under 28 U.S.C. § 1291 and now affirm.

The district court’s determination that Placer County Sheriffs Deputies found marijuana in a trash can outside the Whiteakers’ residence was not clearly erroneous. Both deputies testified that they recovered marijuana from the trash can. In spite of problems in Deputy Tracy Grant’s treatment of the evidence and in his testimony, the district court’s finding that the deputies were credible is entitled to special deference. McClure v. Thompson, 323 F.3d 1233,1241 (9th Cir.2003).

Despite Deputy Grant’s intentional omission of material facts from his warrant affidavit, the district court still found that the Whiteakers’ power usage was substantially…