01-2136 U.S. v. Miller

By: dmc-admin//January 14, 2002//

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“Here, it was immediately noted after the ‘subpoena power’ comment that the government carried the burden of proof. Additionally, the district court instructed the jury that ‘[t]he government has the burden of proving the guilt of the defendants beyond a reasonable doubt, and this burden remains on the government throughout the case.’ The court also instructed the jury, ‘The defendants are not required to prove their innocence or to produce any evidence.’ Id. We presume that juries follow instructions. … Therefore, even assuming that the prosecutor’s remark was somehow improper, the district court’s jury instructions cured any possible impropriety.”

Affirmed.

Appeal from the United States District Court for the Northern District of Indiana, Sharp, J., Evans, J.

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