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033894P.pdf   07/13/2005  United States  v.  Tywanne Aldridge
   U.S. Court of Appeals Case No:  03-3894
   Western District of Missouri   
   [PUBLISHED] [Melloy, Author, with Bye and Bowman, Circuit 
   Judges] 
   Criminal case - Criminal law. District court did not err in giving an 
   Allen charge when the jury deadlocked after 2 hours and 45 minutes of 
   deliberation; district court did not err in refusing to permit defendant to 
   impeach a government witness with a report containing evidence that had 
   previously been excluded under Rule 404(b); applying Pirani's plain error 
   analysis, the record was sufficient to show that absent the Booker error, 
   the district court would have imposed a lesser sentence, and the case is 
   remanded for resentencing. Judge Bye, Concurring in part and Dissenting 
   in part.