United States v. Todd Fries

MEMORANDUM

Appellant Todd Russell Fries (Fries) challenges his convictions for unlawful possession of unregistered destructive devices in violation of 26 U.S.C. § 5861 (d). Fries contends that a new trial is warranted because: the district court improperly admitted an excerpt from a book seized from Fries’ residence that discussed designs for destructive devices; the district court erred in precluding evidence and cross-examination in support of Fries’ defense theory that he did not manufacture the devices as contemplated by the Internal Revenue Code; the district court failed to answer sufficiently the jury’s questions; the district court erred in instructing the jury that the government was not required to prove that Fries knew that possession of the unregistered devices was illegal; and the prosecution engaged in misconduct during closing arguments. We affirm Fries’ convictions.

1. The district court properly admitted the excerpt from the book seized at Fries’ residence as relevant evidence after determining that the book’s “potentially prejudicial effect did not substantially outweigh its probative value” given its “connection to the crime with which [Fries] was charged.”…