United States v. Todd Fries

Appellant Todd Russell Fries (Fries) challenges his convictions for using a chemical weapon in violation of 18 U.S.C. § 229 (a) and making false statements to the Federal Bureau of Investigation (FBI) in violation of 18 U.S.C. § 1001 . Fries contends that Congress exceeded its authority when it passed 18 U.S.C. § 229 (a) to criminally enforce provisions of the Chemical Weapons Convention. Relatedly, Fries asserts that the district court erred in rejecting his proffered jury instruction on the jurisdictional requirements of 18 U.S.C. § 229 (a).

Fries also maintains that the district court erred in denying his motion to suppress evidence seized at his residence pursuant to a stale and overbroad search warrant. In addition, Fries contends that a new trial is warranted because the district court erred in admitting a co-conspirator’s statements, and in rejecting his proffered instruction premised on the FBI’s failure to record the phone call serving as the basis for the false statements charge.

Finally, Fries posits that the district court erred in applying a two-level sentencing enhancement for obstruction of justice. We affirm Fries’ convictions and sentence.

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