Philips

MEMORANDUM *

Frank Philips (“Philips”) appeals his jury trial conviction and sentence for wire fraud, in violation of 18 U.S.C. §§ 1343 and 1346, and for Social Security fraud in violation of 42 U.S.C. § 408 (a)(7)(B). The conviction arose out of Philips’s stealing software from his employer, Microsoft, and *103 then selling it on the Internet for his own personal gain.

On the first day of trial, the courthouse had to be evacuated because of a threat in a wholly unrelated case. After returning to the courtroom, the district court consulted with the parties, and then asked the jury as a group whether any juror had any reactions to the episode that might interfere with the ability to proceed impartially with the case. Defense counsel did not request additional or individual voir dire. None of the jurors’ responses indicated any problem, but defense counsel nevertheless moved for a mistrial, and the district court denied the motion.

In this appeal, Philips contends that the district court erred in questioning the jurors as a group, and that the court should have questioned the jurors individually. There is no basis for our imposing such a requirement, however, as the circumstances…