DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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201343P.pdf 06/09/2021 United States v. Julia Hernandez
U.S. Court of Appeals Case No: 20-1343
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Colloton, Author, with Wollman and Shepherd, Circuit Judges]
Criminal case - Criminal law and sentencing. The prosecution's comments in
the rebuttal portion of its closing arguments were a fair response to
defendant's arguments and did not shift the burden of proof; in any event,
the court's instructions on the burden of proof and the prosecution's own
reminder to the jury that the government bore the burden of proof of guilt
avoided any possible prejudice from the government's comment; other
comments by the government were not impermissible comments on opposing
counsel; the district court did not err in admitting texts between
defendant and a man she claimed was her husband as she failed to introduce
any evidence that they were married; additionally, she waived any marital
privilege when she consented to a search of her phone; the district court
did not err in denying defendant's request for a two-level decrease in
offense level under Guidelines Sec. 2D1.1(b)(18) as she failed to show
that she had truthfully provided the government all information and
evidence she had concerning the offense.