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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.