I. Whether a hearsay statement may be properly admitted as an excited utterance under Fed. R. Evid. 803(2) without evidence that the declarant was under a continuous state of excitement from the time of the startling event through the time of the statement.

II. Whether the issuance of patents to non-Indians for land within the exterior boundaries of the Ohkay Owingeh Pueblo under the 1924 Pueblo Lands Act, relinquishing all federal claims and extinguishing the interest of the pueblo, precluded the exercise of federal criminal jurisdiction in light of the understanding at the time that Indian country status was terminated.

Whether a hearsay statement may be properly admitted as an excited utterance