No. 23-3425 ___________________________

United States of America

Plaintiff - Appellee

v.

Donald Kills Warrior

Defendant - Appellant ____________

Appeal from United States District Court for the District of South Dakota ____________

Submitted: October 22, 2024 Filed: February 18, 2025 ____________ Before LOKEN, SMITH, and GRASZ, Circuit Judges. ____________ GRASZ, Circuit Judge.

A grand jury indicted Donald Kills Warrior for failing to register as a sex offender. See 18 U.S.C. § 2250(a). Kills Warrior moved for his case to be dismissed, arguing his successive prosecutions in tribal and federal court put him in double jeopardy in violation of the Fifth Amendment. The district court 1 denied his motion. In this appeal, Kills