United States v. Martin Frias

MEMORANDUM

Martin Frias appeals from a final judgment entered following a jury trial in which he was convicted on one count of using a facility of interstate commerce to induce a minor to engage in criminal sexual activity, in violation of 18 U.S.C. § 2422 (b). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Frias argues that the district judge deprived him of his constitutional right to an impartial jury, to a fair trial, and to due process when the judge suggested to the venire that it would be “totally un-American” for a juror to claim that jury duty was a hardship. The district judge’s exact words were as follows: “We start jury selection now. We begin with whether or not serving on a jury till the end of the week will cause a tremendous hardship on anyone. So here is the part where you get to like raise your hand in front of God and everybody and admit that you are totally unAmerican. Okay. Do it. Let me see it.”

Frias did not object to this statement at trial. On appeal, however, he argues that it is “impossible to know how the judge’s instruction affected prospective jurors and whether they harbored any biases they did not reveal out of concern that they…