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054235P.pdf   08/29/2006  United States  v.  Antonio Clemmons
   U.S. Court of Appeals Case No:  05-4235
   Western District of Missouri   
   [PUBLISHED] [Wollman, Author, with Bowman and Riley, Circuit Judges]
Criminal case - Criminal law and Sentencing. Wounded victim's statements to investigating officer were nontestimonial and their admission did not violated defendant's right to confrontation of witnesses; district court did not err in finding statements were excited utterances and were admissible under Rule 803(2); application of Booker does not violate the Ex Post Facto Clause or defendant's right to due process of law; district court did not err in finding Missouri conviction for tampering in the first degree was a crime of violence.