United States Court of Appeals For the Seventh Circuit ____________________ No. 22-1502 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TOBIAS DIGGS, Defendant-Appellant. ____________________

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:18-cr-185-1 — Gary Feinerman, Judge. ____________________

ARGUED JANUARY 10, 2023 — DECIDED SEPTEMBER 5, 2023 ____________________

Before SCUDDER, KIRSCH, and JACKSON-AKIWUMI, Circuit Judges. KIRSCH, Circuit Judge. A jury convicted Tobias Diggs of armed robbery and other associated crimes after he and three others held up an Illinois jewelry store. Two evidentiary rul- ings form the basis of Diggs’s appeal. First, Diggs argues that the district court should not have permitted his wife to testify against him. The district court concluded that she was a co- conspirator, so the spousal testimonial privilege did not 2