United States v. Frank James

James appeals his conviction on three counts of using an instrument of interstate commerce to threaten to destroy property by means of an explosive in violation of 18 U.S.C. § 844 (e). Each of James’ claims of error pertains to the administration of his jury trial. We affirm.

I

On November 4,1975, the Union Oil Company (Union) received a posted letter which purported to be from a protest group entitled “fission.” The author of the letter threatened to explode a nuclear device at one of Union’s properties unless Union acceded to an extortionate demand of one million dollars. The letter directed Union to take the money to a particular telephone booth on November 10 at 5:30 p. m. and to wait for further instructions.

At the appointed time, FBI Agent Truax, posing as a Union official, drove to the designated telephone booth. At 5:35 p. m., Truax received a call from the extortioner and was instructed to go to another specified telephone booth. Agent Truax drove slowly to the second booth in order to allow a group of agents to take up positions of surveillance in the vicinity of the second booth.

At 6:18 p. m., Truax received a second call from the extortioner. This call was…