Gov't Didn't Improperly Comment on Defendants' Failure to Testify

U.S. v. Ivory, -- F.3d --, 2008 WL 2718813 (10th Cir. 7/14/08) - Court rejects defendants' claim of improper comment on their failure to testify in drug and conspiracy to murder a witness case. In arguing in closing that defendants used the work "money" as code for murder, prosecutor told jury that the only persons who used that code were witnesses the government could not call. This was a fair response to argument by defense that no witness testified that "money" was code for murder. Gov't was merely explaining why the jury must rely on circumstantial evidence to interpret the conversation at issue.
No dice on numerous sentencing arguments either, including enhancement for leadership role, evidence supporting drug quantity determination, and use of juveniles to drive stolen vehicle for use in murder plan. Blocking victim's car so she could not escape during attempted murder supported increase for physical restraint.