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U.S. v. KILLS ENEMY

No. 92-3960.

3 F.3d 1201 (1993)

UNITED STATES of America, Appellee, v. Gerard P. KILLS ENEMY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 2, 1993.

Rehearing and Suggestion for Rehearing Denied October 18, 1993.

Attorney(s) appearing for the Case

Frank A. Bettmann, Rapid City, SD, argued, for appellant.

Steven Douglas Rich, Rapid City, SD, argued (Kevin V. Schieffer and Steven D. Rich, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, JOHN R. GIBSON and FAGG, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 18, 1993.

JOHN R. GIBSON, Circuit Judge.

Gerard Kills Enemy appeals his conviction for possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1) (1988). While Kills Enemy was subject to a pre-sentence release order relating to another conviction, FBI agents and tribal police on the Oglala Sioux Reservation searched his home, relying on a provision of the presentence order granting...

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