Whether Federal Rule of Evidence 803(2) encompasses out-of-court statements that go beyond the exciting event, are elicited by questioning, and are in a child sex case

QUESTIONS PRESENTED 1. Whether Federal Rule of Evidence 803(2), the hearsay exception for “excited utterances,” encompasses out of court statements that (a) go beyond the exciting event to describe historical facts, (b) are elicited not by the exciting event but by the questioning of another person, (c) in a child sex case. 2. Whether the use of acquitted conduct to enhance a sentence violates the Double Jeopardy Clause, the Due Process Clause, and/or the Sixth Amendment.