041512P.pdf   12/28/2005  United States  v.  Michael R. Burns
   U.S. Court of Appeals Case No:  04-1512
   Western District of Missouri   
   [PUBLISHED] [Arnold, Author, with Wollman and Smith, Circuit Judges]
   Criminal case - Criminal law and sentencing. Defendant's cross-
   examination of police officer opened the door to admission of a post-
   arrest hearsay statement by a co-defendant; prosecutor's closing argument
   did not impermissibly shift the burden of proof to defendant; admission
   of evidence concerning defendant' actions in 1998 were admissible to
   show the existence and on-going nature of the conspiracy; evidence did
   not support the giving of a multiple conspiracies instruction; firearms
   evidence was relevant and admissible; applying Pirani's plain error
   analysis, defendant was entitled to Booker relief as there was a reasonable
   probability that the district court would have imposed a lesser sentence
   under an advisory guidelines scheme.