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The Supreme Court granted certiorari, vacated the judgment, and remanded the case for further consideration in light of Crawford v. Washington. The Second Circuit Court of Appeals had previously ruled on the case at 87 Fed. Appx. 776 regarding the admission of testimonial evidence against the defendant. The Supreme Court directed the lower court to re-examine their decision based on the Crawford precedent which established the Confrontation Clause prohibits testimonial statements by witnesses absent from tr

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