No. 07-4113.

527 F.3d 1126 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Russell PIKYAVIT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 4, 2008.

Attorney(s) appearing for the Case

Bretta Pirie, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, and Scott Keith Wilson, Assistant Federal Public Defender, with her on the briefs) Office of Federal Public Defender, Salt Lake City, UT.

Diana Hagen, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the brief) Office of the United States Attorney, Salt Lake City, UT.

Before O'BRIEN, TYMKOVICH, and HOLMES, Circuit Judges.

TYMKOVICH, Circuit Judge.

Following a fight outside his house, Russell Pikyavit was arrested and jailed along with four other men. A week later while still in jail, Pikyavit directed the police to visit the home and examine the living quarters for evidence of a fight that would show he was not the aggressor. The police visited the home as Pikyavit directed, but found the front door locked when they arrived. They slipped the lock and searched the home. During the search...

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