United States v. Gerard P. Kills Enemy

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 unrestricted authority to conduct warrantless searches. During the search they found the cocaine in issue here. Kills Enemy claims the warrantless search provision of the presentence release is invalid. He also…