Filed: December 3, 2003

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Nos. 01-4630(L)

(CR-99-396)

United States of America,

Plaintiff - Appellee,

versus

Christopher Andaryl Wills, etc.,

Defendant - Appellant.

O R D E R

The court amends its opinion filed October 7, 2003, and

reported at 346 F.3d 476 as follows:

On page 30, first full paragraph, line 8 -- the date of “July

25" is corrected to read “June 25.”

For the Court - By Direction

/s/ Patricia S. Connor 

 Clerk 
PUBLISHED 

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

4444444444444444444444444444444444444444444444447

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

 v. No. 01-4630 

CHRISTOPHER ANDARYL WILLS, a/k/a

Ed Short, a/k/a Michael Wills,

 Defendant-Appellant.

4444444444444444444444444444444444444444444444448

4444444444444444444444444444444444444444444444447

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

 v. No. 01-4813 

CHRISTOPHER ANDARYL WILLS, a/k/a

Ed Short, a/k/a Michael Wills,

 Defendant-Appellant.

4444444444444444444444444444444444444444444444448

4444444444444444444444444444444444444444444444447

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

 v. No. 01-4964 

CHRISTOPHER ANDARYL WILLS, a/k/a

Ed Short, a/k/a Michael Wills,

 Defendant-Appellant. 4444444444444444444444444444444444444444444444448

Appeals from the United States District Court 

for the Eastern District of Virginia, at Alexandria. 

Leonie M. Brinkema, District Judge. 

(CR-99-396) 

Argued: April 4, 2003 

Decided: October 7, 2003 
Before WIDENER, WILKINSON, and MOTZ, Circuit Judges. 

____________________________________________________________

Affirmed by published opinion. Judge Widener wrote the opinion, in

which Judge Wilkinson and Judge Motz concurred.

____________________________________________________________

COUNSEL 

ARGUED: Jonathan D. Hacker, O'MELVENY & MYERS, L.L.P.,

Washington, D.C., for Appellant. James L. Trump, Assistant United

States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,

Alexandria, Virginia, for Appellee. ON BRIEF: Alan H. Yamamoto,

Alexandria, Virginia, for Appellant. Paul J. McNulty, United States

Attorney, Kevin V. Di Gregory, Assistant United States Attorney,

Vincent L. Gambale, Assistant United States Attorney, OFFICE OF

THE UNITED STATES ATTORNEY, Alexandria, Virginia, for

Appellee.

____________________________________________________________

OPINION 

WIDENER, Circuit Judge:

 The defendant, Christopher Andaryl Wills, was convicted of kidnapping resulting in death, in violation of 18 U.S.C. § 1201(a)(1), and

interstate stalking resulting in death, in violation of 18 U.S.C.

§ 2261A. On appeal, Wills raises a multitude of issues, challenging

his convictions and sentence. For the reasons that follow, we affirm

Wills' convictions and sentence.1

I. 

 At approximately 2:00 a.m. on April 4, 1998, Zabiullah Alam

returned home from work to the apartment that he shared with his two

____________________________________________________________

 1 On March 6, 2003, Wills filed a pro se motion for leave to file a supplemental memorandum of law out of time. We grant the motion.

2 
aunts and a cousin. Upon his return, Alam discovered an intruder,

whom he later identified as the defendant, Christopher Wills, in the

living room of his apartment holding his aunt's purse. Wills fled by

jumping off the apartment balcony, taking with him Alam's aunt's

purse and his cousin's pants and wallet. After a high speed chase, the

Fairfax County, Virginia police arrested Wills and charged him with

burglary.

 On June 15, 1998, a preliminary hearing was held in the Fairfax

County General District Court. During the hearing, Alam appeared as

the Commonwealth's sole witness and identified Wills as the person

whom he had discovered burglarizing his home. The court determined

that there was probable cause to believe that Wills committed the burglary and bound the case over to the state grand jury. The grand jury

was scheduled to meet on July 20, 1998, and Wills, if indicted, would

have been arraigned on July 21, 1998. Wills was then released on

bond.

 During the evening of June 15, 1998, Wills spoke via telephone to

his brother, Michael Wills, who was incarcerated at the Augusta Correctional Facility near Staunton, Virginia. The facility monitored and

recorded its prisoners' telephone conversations. During the call, Wills

discussed the preliminary hearing which took place earlier that day.

Wills described how Alam identified him at the hearing and made

several statements indicating that he was formulating a plan to stop

Alam from testifying against him.2

____________________________________________________________

 2 After Wills recounted Alam's identification of him at the hearing,

Wills stated, "But I ain't got time to leave it at that" and then stated,

"That ain't no joke." Later during the conversation, Wills and his brother

further discussed the hearing and indicated plans to stop Alam:

Michael Wills: You know what happened today, right?

Christopher Wills: Huh?

Michael Wills: You know what happened today for you,

when you, when you went —

Christopher Wills: When I went where I went?

Michael Wills: Yes.

Christopher Wills: Um-hum.

3 
 On or about June 17, 1998, a man, later identified by sales representative Reginald Johnson to be Christopher Wills, obtained Cellular

____________________________________________________________

Michael Wills: You can't think on that, Shorty.

Christopher Wills: Huh?

Michael Wills: You can't think on it.

Christopher Wills: Come on now, who you talking to?

Michael Wills: (Unintelligible.)

Christopher Wills: All it is. I gotta do it and do it and now, you

know what I mean?

Michael Wills: Yeah, check it out.

Christopher Wills: I'm, I'm just thinking on how, you know.

Michael Wills: Yeah.

Christopher Wills: On the strength of basically all that I know.

You know what I mean? Understand, it, it's

[sic] spot, location.

Michael Wills: Yeah.

Christopher Wills: And look.

Michael Wills: Yeah.

Christopher Wills: I need to know wheels; you know what I'm

saying?

Michael Wills: I got you. I got you. I got you. I got you.

Christopher Wills: The other —

Michael Wills: I got you.

Christopher Wills: And then I can tee it on it perfect.

Michael Wills: I got you.

Christopher Wills: Other than that, I've got to use some trickery.

Michael Wills: Hey.

Christopher Wills: Ah, but it's gonna get done through, you

know, that.

During another conversation on June 15, 1998, Wills further described

the preliminary hearing and appeared to describe how he had his "peoples" follow Alam:

4 
One service for a pre-existing cell phone at a Radio Shack in Washington, D.C., using the fictitious name "Ed Short." He prepaid for the

service in cash and listed what was later determined to be a fictitious

address in Temple Hills, Maryland as his residence. On or about June

18, 1998, a flier was left under Alam's door advertising a grounds

keeping job at an apartment complex, which paid $11.00 an hour plus

benefits. The flier listed the telephone number of the cellular service

activated by "Ed Short." On June 18, 1998, Wills spoke with his

brother and stated that he had put "Plan A in action, right."

 On or about June 18, 1998, Wills returned to the same Radio

Shack, complaining that the cell phone did not function properly. On

June 19, 1998, or sometime thereafter, the government contends that

a handwritten note dated "6/19/98" was left at Alam's apartment

which read, "Wer'e [sic] sorry that our phones were down yesterday

6/18/98 Please! Try our line again. Were [sic] open 7 days a week.

Jobs!!"3 At the bottom of the note the same telephone number was

____________________________________________________________

Christopher Wills: They, they they did, 'cause I had my peoples on, on Baywatch.

Michael Wills: Yeah.

* * * * 

Christopher Wills: The peoples was undercover, Shorty. You

know how I play.

Michael Wills: Yeah.

Christopher Wills: People's undercover sittin' right with him.

Michael Wills: Yeah.

Christopher Wills: And peoples stayed on him for me.

Michael Wills: Yeah.

Christopher Wills: But they slipped up. I told them to check

wheels, and they, they slipped on that. You

understand?

Michael Wills: Yeah.

Christopher Wills: They slipped on that, `cause when them

people put the cuffs, they lost their mind.

Told them they can't do that, see? "`Cause

by trippin', you just cost me the wheels."

 3 Alam's aunt found the note with tape stuck to it among Alam's papers

in November 1998 and turned it over to the police.

5 
listed. On the evening of June 19, 1998, Wills again spoke with his

brother and referred to being at Radio Shack and to the fliers and indicated that the phone which he had activated was not functioning properly.4

 Prior to his disappearance, Alam told his family and friends that he

had called the number listed on the fliers to arrange an interview for

the grounds keeping job. Alam told them that he had scheduled the

job interview for 5 p.m. on June 25, 1998 in Washington, D.C. Also

prior to Alam's disappearance, Alam's cousin took a telephone message for Alam from a man who identified himself as Feleec or Felliece5

____________________________________________________________

 4 The following is an excerpt from the June 19, 1998 conversation:

Christopher Wills: I haven't been do sh- — I'm trying to get

this dude, man. If I don't, my ass is grass.

Michael Wills: Yeah.

Christopher Wills: You hear what I am saying?

Michael Wills: Yeah.

Christopher Wills: And the joint that I got plugged in for him

to dial was fucked up, so they could have

been calling me.

Michael Wills: Yeah.

Christopher Wills: You know what I mean? I'm getting, I'm,

I'm, I'm hitting with the draw-out moves,

to come to come (unintelligible). You know

what I mean?

Michael Wills: Yeah.

Christopher Wills: I got this and I, I already got the fliers out

and everything, so I'm just waiting, you

know, for them to get it and call, and, I

ain't got no calls yet, man. I — and I'm,

and I'm — I don't wanna give them up;

you know what I mean? I'm, I'm trying to,

you know, figure out how to go at him. 

Michael Wills: Yeah, yeah, yeah. I got it.

 5 At trial, the government offered evidence that the same name was

used twice in 1998 by a man calling the Augusta Correctional Center

who claimed to be an attorney for Michael Wills. During those calls,

"Feleec" gave Christopher Wills' telephone number as his own. He also

gave Wills' Washington, D.C. home address and his business address as

his own.

6 
(phonetic) and who said that he was calling with regard to the grounds

keeping job. The man gave the number listed on the fliers as his telephone number.

 On June 25, 1998, the day of his scheduled interview, Alam

returned a page message that he had received while he was with his

friend, Ali Muradi. While Muradi listened, Alam discussed the

grounds keeping job with a Mr. Felliece and later told Muradi that he

was to meet Mr. Felliece's secretary at Union Station. At approximately 5 p.m. that night, Alam left Muradi's apartment in Fairfax

County, Virginia for the job interview. At 6:03 p.m., Alam was

stopped by a District of Columbia police officer on the 1200 block of

F Street, N.W., Washington, D.C., and was given a citation for not

wearing his seat belt.

 On June 26, 1998, after not hearing from Alam since he left for his

interview, Alam's family reported him missing to the Fairfax County

police. Also on June 26, Michael Wills called Christopher Wills and

asked him, "You handle the business?" Wills replied, "Yeah." Then

Michael Wills asked, "Everything taken care of?" and Wills replied,

"Taken care of." In a second conversation on June 26, Wills attempted

to describe what had taken place by using references to the movie,

CASINO.6 In a later conversation, Michael Wills asked his brother,

____________________________________________________________

 6 The conversation was as follows:

Christopher Wills: Hey, I'm gonna tell you some things right.

Michael Wills: Yeah.

Christopher Wills: But you know I can't say it on the phone,

'cause it pertains to something, you know.

Michael Wills: Yeah.

Christopher Wills: But anyway, I'm going to tell you about it.

You know me, I'm, I'm, I'm, I'm, I'm, I'm,

I'm, I'm Casino.

Michael Wills: Yeah.

Christopher Wills: You see the movie?

Michael Wills: Yeah.

Christopher Wills: All right.

Michael Wills: No, I ain't seen the movie.

7 
"You got rid of all of that, didn't you?" and Christopher Wills

responded, "why you had to go there?" Wills then told his brother,

Michael, that his "people" were "on the scene, but they don't know

disposal" and "[a]ll they can say is I saw, but take us to, can't do."7

____________________________________________________________

Christopher Wills: You didn't?

Michael Wills: No. We don't see that shit down here.

Christopher Wills: Good God Almighty. Well anyway, I was

doing a Casino joint, right?

Michael Wills: Yeah.

Christopher Wills: Do you know — Mike?

Michael Wills: Yeah.

Christopher Wills: Going down, sweating ass naked, getting

shit ready, right?

Michael Wills: Yeah.

 7 The complete conversation was as follows:

Michael Wills: You know, you know, you know, you

move, you move yet?

Christopher Wills: Huh?

Michael Wills: You know, did (unintelligible) you already

moved?

Christopher Wills: What about it?

Michael Wills: You got rid of all of that, didn't you?

Christopher Wills: Mike, what you — why you had to go

there?

Michael Wills: (Unintelligible)

Christopher Wills: Mike.

Michael Wills: What?

Christopher Wills: I've been in jail for eight years. I've done

seen every motherfucking Unsolved Mystery, every America's Most Wanted, every

Cops, every motherfucking New York

Undercover, every NYPPD, everything.

I've read every newspaper came out every

day, every Metro section, every paper Cou-,

County West. Come on, listen, who are you

8 
 On July 28, 1998, the police discovered Alam's car abandoned in

____________________________________________________________

talking to? Goddamn, man. What — where,

where you at?

Michael Wills: You know. You know, but them people,

your peoples don't, ah —

Christopher Wills: But see, see, see, see.

Michael Wills: But your people don't have the scoop do

they?

Christopher Wills: Listen.

Michael Wills: What?

Christopher Wills: What you don't understand. See I'm not

even going to picket. I'll talk to you tomorrow.

Michael Wills: Okay.

Christopher Wills: You, you talking about went, went, went,

went. The nigger ain't went a motherfucking place. See, that's where you sleeping at.

I know what I'm doing, nigger. I ain't have

to show my face, nigger. I know what the

fuck I'm doing. I got this. I got this.

Michael Wills: All right.

Christopher Wills: Nigger, I know what the fuck I'm doing.

Ain't nobody going nowhere and showing

up nowhere or nothing, nigger. I ain't no

fool, you understand?

Michael Wills: So what, but, but — 

Christopher Wills: Baby, I handle, I handle my business, nigger. I ain't had to show my face, period.

Michael Wills: The people at the (unintelligible), they ain't

— them people ain't got no scoop, do they?

Christopher Wills: Who?

Michael Wills: Your people.

Christopher Wills: What?

9 
an apartment parking lot in Prince George's County, Maryland. Alam

has not been seen since June 25, 1998.

 On November 3, 1999, a federal grand jury sitting in the Eastern

District of Virginia returned an indictment charging Christopher Wills

with one count of kidnapping in violation of 18 U.S.C. § 1201(a)(1).

On December 9, 1999, a superseding indictment was returned which

included one count of interstate stalking resulting in death in violation

of 18 U.S.C. § 2261A. On February 3, 2000, a second superseding

indictment was returned, which included minor changes.

 On December 13, 1999, Wills appeared in court for arraignment on

his superceding indictment. While he was there, Wills spoke with

another prisoner, James Black, who commented that Wills would be

eligible to receive the death penalty, if convicted. In response to

____________________________________________________________

Michael Wills: Your people ain't got no scoop, do they?

Christopher Wills: Yeah. They was on the scene, but they

don't know disposal. You see what I'm

saying?

Michael Wills: Huh?

Christopher Wills: They could. I said they're on the scene.

Michael Wills: Yeah.

Christopher Wills: You understand?

Michael Wills: Yeah.

Christopher Wills: Go sit down, Crystal.

Michael Wills: (Laughs.)

Christopher Wills: All they could say is I saw, but take us to,

can't do. You understand?

Michael Wills: Yeah.

Christopher Wills: You see what I'm saying? Oh, I, I don't

know what your talking about. They're

lying. They're just making it up. 

Michael Wills: Yeah.

Christopher Wills: You understand?

Michael Wills: Yeah.

10 
Black's comment, Wills said that he would not receive the death penalty because "they'll never find the body." Alonzo Nichols, another

prisoner in court that day, overheard Wills' conversation with Black.

Nichols recalled Wills telling Black, "They can't give me the death

penalty because they ain't never going to find the body."

 On December 16, 1999, Wills filed a motion to dismiss Count One

of the indictment (the kidnapping count) for lack of subject matter

jurisdiction and for insufficiency of the offense charged. On February

4, 2000, Wills filed a motion to dismiss Count Two of the indictment

(the interstate stalking count), arguing that the facts were insufficient

for a grand jury to find probable cause to indict him for interstate

stalking.

 On February 15, 2000, the district court granted Wills' motion to

dismiss Count One of the indictment (the kidnapping count) for lack

of jurisdiction and denied his motion to dismiss Count Two of the

indictment (the interstate stalking count). The government filed an

interlocutory appeal with this court. In United States v. Wills, 234

F.3d 174 (4th Cir. 2000) (hereinafter Wills I ), this court addressed the

issue of "whether jurisdiction is established under the Federal Kidnapping Act when a victim, acting because of false pretenses initiated at

the instance of the defendant, transports himself across state lines

without accompaniment by the alleged perpetrator or an accomplice."

Wills I, 234 F.3d at 176. This court found that"[t]he plain language

of the [Federal Kidnapping] Act does not require that the defendant

accompany, physically transport, or provide for the physical transportation of the victim. Rather the Act only requires that the victim `is

willfully transported.'" Wills I at 178. Because the facts supported a

finding that Alam was "willfully transported" we vacated the district

court's order and remanded the case. See United States v. Wills, 234

F.3d 174, 179 (4th Cir. 2000) (Wills I).

 On September 4, 2001, a three-week jury trial commenced, in

which Wills appeared pro se with two attorneys acting as standby

counsel. During the trial, the government introduced transcripts of

Wills' telephone conversations with his brother, including the conversation in which Wills referred to the movie, CASINO. When the government sought to introduce the entire movie as an exhibit, the court

suggested that the parties attempt to reach a stipulation regarding the

11 
content of the movie. After the parties were unable to reach a stipulation, the court entered the entire movie into evidence and allowed

both parties to play excerpts of the movie for the jury.

 The government also introduced records of Cingular Wireless, successor to Cellular One, through the testimony of its Asset Protection

Manager, Neal Carver. These records showed that on June 17, 1998,

a man identifying himself as Edward Short or Ed Short purchased

pre-paid Cellular One service at a Radio Shack located at 1528 Benning Road, N.E., Washington, D.C. The records further indicated that

an electronic serial number (ESN) change, or phone change, was

made on June 22, 1998 to allow the phone number given to Edward

Short to be used with a telephone previously used with another Cellular One account in the name of Christopher Wills.

 At trial, Carver explained that all cell phones have an ESN that is

unique to each and is permanent. ESN is an electronic record number

imbedded in the phone by the manufacturer. He further testified that

an ESN change occurs when a customer switches telephones on an

account while retaining the same telephone number. Once an ESN

change is made, the ESN, or phone, previously associated with the

telephone number will not work.

 Cellular One records documented calls made from Edward Short's

phone number to Alam's home telephone on June 23 and June 24. In

addition, the records indicated that three calls were made from Short's

phone number to Alam's pager on June 25.

 At trial, Wills attempted to explain the ESN change by claiming

that his telephone began to receive mysterious calls. Notably, Wills,

however, did not account for the outgoing calls made from his phone

to Alam's home number and pager.

 During trial, the government argued that there was also no evidence to suggest that Alam's failure to return home was anything but

involuntary. The government presented testimony that when Alam

left for his interview, he did not give any indication that he would not

be returning home. Alam never returned to his job at the Fish Market

Restaurant in Old Town Alexandria, Virginia and never collected his

paycheck. Alam also took little cash with him and had no credit cards,

12 
passport, or travel documents. The government presented further evidence that Alam was about to become a United States citizen and had

no desire to return to Afghanistan.

 On October 1, 2001, the jury returned a guilty verdict on both the

kidnapping count and the interstate stalking count. After a separate

penalty hearing on October 4, 2003, the jury recommended a sentence

of life imprisonment without parole on the kidnapping count. The district court sentenced Wills to life imprisonment without parole on

both counts, to be served concurrently; five years of supervised

release on each count to be served concurrently; and a $200 special

assessment. This appeal followed.

II. 

A. Federal Jurisdiction 

 As an initial matter, Wills argues that the government failed to

establish federal jurisdiction because the government did not prove

that Alam was "willfully transported in interstate commerce" under 18

U.S.C. § 1201(a)(1).8 In addition, Wills argues that the government

failed to prove that Wills or someone acting at his direction traveled

in interstate commerce in kidnapping Alam.

____________________________________________________________

 8 18 U.S.C. § 1201 provides, in pertinent part:

 (a) Whoever unlawfully seizes, confines, inveigles, decoys,

kidnaps, abducts, or carries away and holds for ransom or reward

or otherwise any person, . . . when —

 (1) the person is willfully transported in interstate or foreign

commerce, regardless of whether the person was alive when

transported across a State boundary if the person was alive when

the transportation began;

* * * 

shall be punished by imprisonment for any term of years or for

life and, if the death of a person results, shall be punished by

death or life imprisonment.

18 U.S.C. § 1201(a) (2000).

13 
 In Wills I, we held that the "willfully transported" element of 18

U.S.C. § 1201(a)(1) did not contain an accompaniment requirement

and found that "the fact that Wills caused unaccompanied travel over

state lines [was] sufficient to confer jurisdiction." Wills I, 234 F.3d at

179. We adhere to our decision in Wills I and are of opinion that federal jurisdiction has been established.9

B. Res Judicata, Collateral Estoppel, & Double Jeopardy 

 Wills argues that the district court dismissed Count One (the kidnapping count) of the indictment in two distinct rulings: (1) a legal

ruling that the government had failed to establish federal jurisdiction

because Alam drove unaccompanied across state lines, and (2) a factual ruling that the government had failed to establish that Alam had

been restrained or held at any point in Virginia prior to his interstate

travel. Wills contends that because this court only addressed the district court's ruling on unaccompanied interstate travel, the district

court's factual finding on the holding element became final. Thus,

Wills argues that relitigation of the kidnapping count was barred by

the district court's prior decision on the holding element. Wills contends that the district court's subsequent trial on the kidnapping count

constituted double jeopardy. We disagree.

 In dismissing the kidnapping count, the district court explicitly

stated that it was accepting as true the allegations as stated in the

indictment. The district court then determined that the indictment had

failed to establish federal jurisdiction because the allegations did not

state that Alam was not transported in interstate commerce by Wills

or by someone acting on his behalf. In denying the government's

motion for reconsideration, the district court stated that the

"[d]efendant argues that the indictment fails to allege facts sufficient

to satisfy other elements such as the requirement that the defendant

be held. Because the indictment's failure to satisfy the jurisdictional

element is fatal, we do not address these other arguments." See United

States v. Christopher Wills, No. 99-396, slip op. at 2 n.1 (E.D. Va.

Mar. 17, 2000). Thus, the district court did not make any factual find-

____________________________________________________________

 9 Accordingly, we find without merit Wills' claim that the district court

erred in failing to dismiss Count One of the indictment (the kidnapping

count) for lack of jurisdiction and failure to allege a federal offense.

14 
ings in dismissing Count One of the indictment. Furthermore, the dismissal for lack of jurisdiction was not an adjudication on the merits

or an acquittal. Therefore, the principles of collateral estoppel, res

judicata, or double jeopardy are inapplicable and Wills' argument is

without merit.

C. Venue 

 Wills also contends that the district court was without venue pursuant to 18 U.S.C. § 3237(a) to conduct the trial on the kidnapping

count. Wills argues that the kidnapping occurred in Washington,

D.C., not in the Eastern District of Virginia, because a kidnapping

offense does not begin until the victim is involuntarily seized and

held. Wills claims that Alam was not held until he transported himself

into Washington, D.C.

 Kidnapping is a continuing crime which begins the moment that

the victim is unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away. See United States v. RodriguezMoreno, 526 U.S. 275, 281-82 (1999) ("Kidnaping . . . was committed in all of the places that any part of it took place, and venue for

the kidnaping charge . . . was appropriate in any of them."); see also

United States v. Seals, 130 F.3d 451, 461-63 (D.C. Cir. 1997). Thus,

venue was appropriate in the Eastern District of Virginia, where Alam

was inveigled and decoyed. Accordingly, we hold that Wills' lack of

venue claim is without merit.

D. Indictment for Interstate Stalking 

 Also as an initial matter, Wills argues that the district court erred

in failing to dismiss Count Two of the indictment (the interstate stalking count) for insufficiency of the alleged facts to support the offense

charged. More specifically, Wills claims that the facts alleged in the

indictment were insufficient to support the fear element of interstate

stalking.

 This court has held that courts lack authority to review the sufficiency of evidence supporting an indictment, even when a mistake

was mistakenly made. See United States v. Mills, 995 F.2d 480, 487

15 
(4th Cir. 1983); see also Costello v. United States, 350 U.S. 359, 363-

64 (1956) ("Petitioner urges that this Court . . . establish a rule permitting defendants to challenge indictments on the ground that they are

not supported by adequate or competent evidence. No persuasive reasons are advanced for establishing such a rule. It would run counter

to the whole history of the grand jury institution, in which laymen

conduct their inquiries unfettered by technical rules."). Furthermore,

"[a]n indictment returned by a legally constituted and unbiased grand

jury, . . . if valid on its face, is enough to call for trial of the charges

on the merits." Mills, 995 F.2d at 487. Because the indictment tracks

the language of 18 U.S.C. § 2261A (the interstate stalking statute) and

properly alleges each element of the statute, the indictment is valid on

its face. Thus, we hold the district court correctly did not dismiss

Count Two of the indictment.

III. 

 Wills raises several challenges to the district court's evidentiary

rulings, each of which we will address individually.

A. Admission of Movie, CASINO, into Evidence 

 Wills argues that the district court erred by allowing the government to play an excerpt from the movie, CASINO. The parties dispute

whether Wills objected to the admission of the movie into evidence.

The defense maintains that Wills noted timely objections to the

admission of the movie while the government contends that Wills

failed to object contemporaneously. After a review of the record, we

agree with the government that Wills did not contemporaneously

object to the admission of the film into evidence.10 Thus, we review

____________________________________________________________

 10 Prior to trial, on September 4, 2001, Wills filed a motion in limine

requesting the court to prohibit the government from using the movie as

evidence. The district court stated that the movie was relevant because

Wills referred to the movie during a conversation with his brother. The

court suggested that the parties attempt to reach a stipulation as to the

content of the movie. After the parties were unable to agree upon a stipulation, the court entered the movie into evidence and noted that half of

the jury had already seen the movie. Wills responded, "Thank you."

16 
the district court's decision for plain error. See United States v.

Olano, 507 U.S. 725 (1993).

 We are of opinion that the district court did not commit error, plain

or otherwise. The court ruled that the movie was relevant. This ruling

as to relevance was not an abuse of discretion because Wills mentioned CASINO in the taped telephone conversations with his brother,

and the movie undoubtedly explained the meaning of the conversation. Thus, there was no error because the evidence was relevant and

the district court's decision was not an abuse of discretion.

B. Admission of Recorded Telephone Conversations 

 Wills contends that the district court improperly admitted recorded

telephone conversations between Wills and his brother, Michael

Wills, and transcripts of those conversations. We decided some years

ago that such transcripts are admissible. See United States v. Soc'y of

Indep. Gasoline Marketers of Am., 624 F.2d 461, 474 (4th Cir. 1979)

(Widener, Circuit Judge, concurring). Wills argues that Michael

Wills' recorded statements were hearsay and that admission of those

statements violated his Sixth Amendment right to confront the witnesses against him.

 Christopher Wills' own statements, which were recorded during

those conversations, were admissions by a party-opponent and were

admissible pursuant to Federal Rule of Evidence 801(d)(2)(A). We

agree with the district court, as it held that Michael Wills' statements

were also admissible. They were reasonably required to place Christopher Wills' responses into context. Accordingly, Michael Wills' statements were properly admitted to make Christopher Wills' statements,

____________________________________________________________

 Later during the trial, the district court entered the movie into evidence. When the government requested permission to play an excerpt of

the movie, Wills' standby counsel, Mr. Shapiro, approached the bench

and stated, "I am constrained to do this. But I think that I must put my

personal objection on the record to the playing of this tape. I want the

record to reflect that it is over my strenuous objection, but Mr. Wills, it

is his decision." Hence, Wills did not object to the playing of the movie

excerpt.

17 
so far as they constituted incriminating admissions, "intelligible to the

jury and recognizable as admissions." United States v. Lemonakis,

485 F.2d 941, 948 (D.C. Cir. 1973). Thus, the district court did not

err by admitting the tapes and transcripts.

C. Admission of Cell Phone Records 

 Wills also argues that the records of Cingular Wireless, formerly

known as Cellular One, were erroneously admitted as business

records because they contained information provided by Radio Shack

sales representatives. Wills claims that the district court erred in ruling that the records were reliable because the court failed to determine

the truthfulness of the information provided by Radio Shack to Cellular One pursuant to Federal Rule of Evidence 803(6).11

 We are of opinion that the method of compilation of the records

does not indicate a lack of trustworthiness. Cellular One's Asset Protection Manager testified that Cellular One offered its services to the

public through various distribution channels, including retail centers

like Radio Shack. The retail centers must transmit the cell phone's

unique ESN to Cellular One in order for the customer to receive Cellular One service. Thus, the information submitted by Radio Shack to

Cellular One occurred in the regular course of business and does not

show a lack of trustworthiness, either in source of preparation or in

method of preparation. Therefore, the district court did not err in

admitting the documents as business records.

____________________________________________________________

 11 Fed. R. Evid. 803(6) provides an exception to the hearsay rule:

A memorandum, report, record, or data compilation, in any form,

of acts, events, conditions, opinions, or diagnoses, made at or

near the time by, or from information transmitted by a person

with knowledge, if kept in the course of a regularly conducted

business activity to make the memorandum, report, record, or

data compilation, all as shown by the testimony of the custodian

or other qualified witness . . . unless the source of information

or the method or circumstances of preparation indicate lack of

trustworthiness.

18 
IV. 

 Wills asserts that the district court's exclusion of certain testimony

and exhibits offered by Wills prevented Wills from presenting his

defense and effectively representing himself.

A. Photo Spread 

 Four days before the preliminary hearing in the Virginia court at

which Alam identified Wills as the man whom he had discovered burglarizing his home, Fairfax County Police Detective Michael Feightner showed Alam a six picture photo spread containing Wills' picture.

Alam identified Wills from this spread as the burglar. On February

11, 2000, a motions hearing was held in the district court, at which

Detective Feightner testified that during the photo lineup prior to the

Virginia preliminary hearing, he had told Alam that Wills' picture

was among those displayed. The district court denied Wills' motion

to suppress the photo identification. At trial, the district court reiterated that any suggestive procedures used in the photo identification

were irrelevant because Alam had identified Wills later at the preliminary hearing. The district court did not permit Wills to question

Detective Feightner about the photo identification or his investigation

of the burglary stating that both issues were irrelevant. Wills now

argues that he should have been able to examine Detective Feightner

about the photo identification because it was relevant to Wills' position that he was not the burglar.

 We agree with the district court in its decision that whether Wills

was the actual burglar was not the issue in the trial in the district

court. The government did not offer the out-of-court photo identification into evidence at the trial, rather it relied upon Alam's identification of Wills at the preliminary hearing to support its theory of

motive. Therefore, any suggestive measures employed by Detective

Feightner at the earlier photo identification were irrelevant, and the

district court did not abuse its discretion in excluding testimony

related to the photo identification. The issue was not whether Wills

was the burglar, but whether Alam had identified him as such.

B. Testimony that Alam was not Held 

 Wills further asserts that he was denied his right to selfrepresentation when the district court prevented Wills from cross19 
examining government witnesses as to whether Alam was held prior

to leaving for his interview or whether Alam was forced to go to the

interview. The district court correctly determined that based upon this

court's decision in Wills I and the government's theory that Alam was

inveigled, the use of force or being held prior to interstate transportation was irrelevant.

C. Wills' Affidavit 

 Wills further challenges the district court's refusal to allow into

evidence a handwritten affidavit signed by Wills on November 30,

1999, which stated that he would not speak to any other prisoners

about his case. Wills attempted to offer this affidavit into evidence to

corroborate his testimony that he never spoke to James Black during

his arraignment. The district court determined that the affidavit was

a "preemptive strike" and did not have any probative value. We are

of opinion that the district court properly exercised its discretion in

refusing to admit the affidavit into evidence.

D. Tape Recording 

 During its case-in-chief, the government offered a portion of a

recorded conversation from May 25, 1998 between Wills and his

brother, Michael, of which there was no transcript, in which Wills

stated that, "I ain't going back to jail." Wills now claims that this

statement is at least partially inaccurate. The judge correctly permitted

Wills to play the tape and instructed the jury as follows:

 I've already instructed them that it's their hearing that

must be what guides their understanding of the transcript —

of the tape. And you can argue that a particular transcript is

not accurate. We don't need to hear testimony to that effect.

 This was the correct ruling.

E. Closing Argument 

 Wills made several objections during the government's closing

argument regarding the government's characterization of the evi20 
dence. The district court instructed Wills not to so object and told

Wills that he could present his version of the evidence during his own

closing argument. Wills now argues that he was denied his right to his

defense and to effective self-representation.

 We have held that "[t]he district court is afforded broad discretion

in controlling closing arguments and is only to be reversed when there

is a clear abuse of its discretion. `A reversal may be required where

counsel is restricted within unreasonable bounds.'" United States v.

Rhynes, 196 F.3d 207, 236 (4th Cir. 1999). The district court

informed Wills that he would be given the opportunity during his own

closing argument to present his own counter arguments to the government's interpretation of the evidence. Thus, the court did not place

unreasonable restrictions on Wills by preventing him from objecting

during the government's closing arguments and did not abuse its discretion.

F. Interview of Witnesses 

 Wills further argues that he was denied his right to selfrepresentation because he was unable to interview defense witnesses

prior to their testifying at his trial. When Wills raised this argument

to the district court, the court responded that because Wills was in

custody he had to defend his case within the security arrangements of

the United States Marshal and the institution in which he was incarcerated. It properly called to Wills' attention that the reason was that

he had chosen to represent himself. We find no error in that decision

of the district court.

V. 

 Wills raises various challenges to the district court's jury instructions, each of which we will address individually. In reviewing jury

instructions, we "accord the district court much discretion and will not

reverse provided that the instructions, taken as a whole, adequately

state the controlling law." Teague v. Bakker, 35 F.3d 978, 985 (4th

Cir. 1994).

A. Willfully Transported Element of Kidnapping Statute 

 Wills argues that the district court incorrectly instructed the jury on

the "willfully transported in interstate commerce" element of 18

21 
U.S.C. § 1201(a)(1). More specifically, Wills argues that in order for

Wills to have transported Alam in interstate commerce, the kidnapping statute requires that Wills "have taken or carried Alam across

state lines or have been in actual control or command of Alam's car

or Alam's free volition."

 In Wills I, we held that unaccompanied travel across state lines may

satisfy the "willfully transported" element of 18 U.S.C. § 1201(a)(1).

The district court instructed the jury that each element of the kidnapping statute must be proven beyond a reasonable doubt and provided

the following instruction on the "willfully transported" element:

 To prove that the defendant willfully transported the victim in interstate commerce, the government is not required

to prove that the defendant actually accompanied or physically transported or provided for the physical transportation

of the victim; in other words, a defendant willfully transports a victim in interstate commerce if the defendant willfully causes the victim to travel or even transport himself

unaccompanied across state lines. We are of opinion that

this instruction adequately stated the controlling law as

interpreted by our decision in Wills I.

12

B. Unlawful Restraint and Holding Element of Kidnapping Statute 

 Wills also asserts that the district court erroneously instructed the

jury on the unlawful restraint and holding element of § 1201(a)(1) by

failing to instruct the jury that the government had the burden of proving beyond a reasonable doubt that Alam was unlawfully restrained

or held prior to being transported over state lines.

 As to the unlawful restraint and holding element, the district court

instructed the jury as follows:

____________________________________________________________

 12 Wills further contends that due to the district court's jury instruction

on the willfully transported element of § 1201(a)(1), the court constructively and impermissibly amended the indictment. We hold this claim is

without merit.

22 
To hold means to detain, seize, or confine a person in some

manner against that person's will.

* * * 

 The government must prove beyond a reasonable doubt

that the defendant held his victim for some benefit and that

the defendant willfully transported the victim in interstate

commerce. It is not necessary that the government prove

that the holding occurred prior to the transportation in interstate commerce. Indeed, in this case, the government has

alleged that the transportation in interstate commerce

occurred prior to the victim's being held.

We are of opinion that this instruction is consistent with controlling

law. The statute has no requirement of prior restraint. "Nothing in the

policy [disregard of State borders in pursuit] justifies rewarding the

kidnapper simply because he is ingenious enough to conceal his true

motive, until he is able to transport . . . [his victim] into another jurisdiction." United States v. Hughes, 716 F.2d 234, 239 (4th Cir. 1983).

We also hold the instruction did not amend the indictment.

C. Interstate Stalking 

 Wills also argues that the district court erred in instructing the jury

on the interstate stalking count by failing to instruct that the government must prove that Wills traveled from Washington, D.C., to Fairfax County, Virginia and placed Alam in fear in Virginia as a result

of Wills' acts in Virginia. Wills argues that the following instructions

allowed the jury to find that Alam was placed in fear as a result of

Alam's own travel to Washington, D.C., not as a result of Wills'

travel from Washington, D.C., to Fairfax County, Virginia. Wills further argues that the instructions allowed him to be convicted of interstate stalking based on interstate travel outside of the time frame

specified in the indictment. The court instructed the jury as follows

on the interstate stalking count:

 Count 2 charges that between on or about June 15, 1998,

and on or about June 25, 1998, the defendant, Christopher

23 
Andaryl Wills, did knowingly travel across a state line, that

is, from Washington, D.C., to Fairfax County, Virginia, in

the Eastern District of Virginia, with the intent to injure and

harass Zabiullah Alam and in the course of and as a result

of such travel, place Mr. Alam in reasonable fear of death

and serious bodily injury, the actions of Christopher Andaryl Wills resulting in the death of Zabiullah Alam, in violation of Title 18, United States Code, Sections 2261 [A],

2261(b)(1), and Section 2.

* * * 

 Section 2261[A] of Title 18 of the United States Code

provides in pertinent part that whoever travels in interstate

commerce with the intent to injure or harass and in the

course of or as a result of such travel places that person in

reasonable fear of the death of or serious bodily injury to

that person shall be guilty of an offense against the United

States.

 There are three essential elements to the crime of interstate stalking. First, the government must prove beyond a

reasonable doubt that the defendant, Christopher Wills, traveled in interstate commerce;

 Two, they must prove beyond a reasonable doubt that

such interstate travel was with the intent to injure or harass

Mr. Alam;

 Three, they must prove beyond a reasonable doubt that

during or after such travel, the defendant, Christopher Wills,

committed an act of placing Mr. Alam in reasonable fear of

death or serious bodily injury.

 Wills also challenges the supplemental instruction given in

response to the following jury question submitted to the court during

jury deliberations:

 As to Count 2, element 3, we have this question: Did Mr.

Alam himself have to experience or be aware of his death

24 
or bodily injury? For example, if Mr. Alam was shot without

any warning and died instantly, would that preclude a finding of reasonable fear of death or bodily injury?

The district court responded to the jury as follows:

 The question is, "Did Mr. Alam himself have to experience or be aware of the fear of his death or bodily injury?"

The answer is yes. The government must prove that beyond

a reasonable doubt to satisfy the third element of [the stalking] count.

 Then you asked for an example: "If Mr. Alam was shot

without any warning and died instantly, would that preclude

a finding of reasonable fear of death or bodily injury?"

 I can't really comment on a hypothetical other than to tell

you again that the burden is on the government to prove

beyond a reasonable doubt that at some point, the victim -

the alleged victim became — was reasonably fearful of

death or serious bodily injury. If the evidence is not there to

support that, then that element has not been met.

 Wills filed a written objection to the instructions on the fear element and then renewed his written objections prior to the original jury

instructions. However, Wills failed to object to the supplemental

instruction on fear. Thus, we review his objections to the supplemental instruction for plain error. See United States v. Nicolaou, 180 F.3d

565, 569 (4th Cir. 1999).

 The instructions clearly indicated the period of the alleged travel

and twice stated that the defendant, traveled in interstate commerce

from Washington, D.C. to Virginia. Furthermore, the jury instruction

tracks the language of both the interstate stalking statute and of the

indictment.13 Neither the original jury instruction nor the supplemen-

____________________________________________________________

 13 Accordingly, we find Wills' argument that the district court constructively and impermissibly amended the indictment by instructing the jury

that it need only find that Wills traveled in interstate commerce, rather

than that Wills traveled from Washington, D.C., to Virginia and placed

Alam in reasonable fear of death or serious bodily injury without merit.

25 
tal instruction suggest that the interstate travel element could be satisfied by the victim's travel or by Wills' travel outside the alleged time

period. Thus, we are of opinion that neither the original instruction,

nor the supplemental instruction, was error, plain or otherwise. We

also decide that the instruction did not amend the indictment.

D. Allen Charge14 

 Wills further contends that the district court coerced the verdict as

to the interstate stalking count by giving an Allen charge after the jury

informed the court that it had reached a decision as to the kidnapping

count but was deadlocked as to the fear element of the interstate stalking count. We review the court's decision to provide an Allen charge

and the content of that charge for an abuse of discretion. See United

States v. Cropp, 127 F.3d 354, 359-60 (4th Cir. 1997).

 We find that the district court properly gave the Allen charge after

being informed that the jurors had reached an impasse in their deliberations. See Cropp, 127 F.3d 359-60. In addition, the charge given

properly instructed those jurors in the minority to reconsider the

majority's views and those in the majority to reconsider the minority's views. See United States v. Burgos, 55 F.3d 933, 937-38 (4th Cir.

1995). The Allen charge further instructed the jurors that they should

not change their opinions solely to reach an unanimous decision.

Thus, the charge did not in anyway request the jurors to surrender

their conscientious convictions. See Burgos, 55 F.3d at 939 ("The

most egregious mistake that can be made in the context of an Allen

charge is for the district court to suggest, in any way, that jurors surrender their conscientious convictions."). Accordingly, the district

court did not err in giving an Allen charge or in the content of the

charge.

E. Aiding & Abetting Instruction 

 Wills argues that the district court erroneously instructed the jury

under 18 U.S.C. § 2(a) (aiding and abetting) although it was not

charged in the indictment. He argues that the court's instructions con-

____________________________________________________________

 14 Allen v. United States, 164 U.S. 492 (1896).

26 
structively amended the indictment because the government's theory

of the case rested on the causation language of 18 U.S.C. § 2(b) and

not under the aiding and abetting language of § 2(a).15

 Both the kidnapping and the interstate stalking counts of the indictment expressly charged a violation of 18 U.S.C. § 2, and neither indicated a specific subsection of that statute. Therefore, we are of

opinion that the district court's instruction under § 2(a) (aiding and

abetting) did not amount to a constructive amendment of the indictment. In all events, a conviction under 18 U.S.C. § 2 may be obtained

although the defendant was not indicted under § 2. United States v.

Duke, 409 F.2d 670 (4th Cir. 1969).

VI. 

 Wills next contends that the evidence was insufficient to convict

him of interstate kidnapping resulting in death in violation of 18

U.S.C. § 1201(a)(1). In reviewing a conviction for sufficiency of the

evidence, "[t]he verdict of a jury must be sustained if there is substantial evidence, taking the view most favorable to the government, to

support it." Glasser v. United States, 315 U.S. 60, 80 (1942). To

establish a violation of 18 U.S.C. § 1201(a)(1), the government must

show, beyond a reasonable doubt that, the defendant (1) unlawfully

seized, confined, inveigled, decoyed, kidnapped, abducted, or carried

away the victim; (2) held the victim for ransom, reward, or otherwise;

and (3) willfully transported the victim in interstate commerce. See

Wills I, 234 F.3d 174, 176-77 (4th Cir. 2000).

 Wills asserts that the evidence was insufficient to prove that he kidnapped Alam or that the kidnapping resulted in Alam's death. Wills

____________________________________________________________

 15 18 U.S.C. § 2 provides:

(a) Whoever commits an offense against the United States or

aids, abets, commands, induces or procures its commission,

is punishable as a principal.

(b) Whoever willfully causes an act to be done which if

directly performed by him or another would be an offense

against the United States, is punishable as a principal.

 18 U.S.C. § 2 (2000).

27 
argues that, at most, the evidence was only sufficient to convict him

of conspiracy to kidnap. Giving the job fliers to Alam, arranging the

job interview, and arranging the false cell phone number and the

phone calls to Alam are certainly evidence of decoying and inveiglement. Wills' expressed intent to eliminate Alam as a witness to Wills'

burglary is evidence of the reason for Alam's kidnapping. Alam's

travel from Fairfax County to the District of Columbia is a sufficient

jurisdictional connection. Alam left his job unpaid, he made no travel

plans, he was about to become a United States citizen, his identification of Wills as a burglar, and Wills' conversations with his brother

and Black all are evidence to support the finding of the jury that Alam

died as a result of being kidnapped.

 The government presented evidence that Wills inveigled and

decoyed Alam into meeting him for a job interview by leaving fliers

at Alam's home on June 18, 1998 and June 19, 1998. Wills discussed

his plan with his brother shortly after the preliminary hearing, stating

that he would have to use "some trickery." On June 18, the same day

that the first flier was left at Alam's house, Wills informed his brother

that he had put "Plan A" into action. Then on June 19, Wills alluded

to the fliers in telephone conversations with his brother stating, "I

already got the fliers out and everything, so I'm just waiting, you

know, for them to get it and call, and, I ain't got no calls yet, man."

 The government also presented evidence that the phone number

listed on the fliers contained a number which was directly linked to

Wills. Reginald Johnson, a sales representative at Radio Shack, identified Wills as the man who had purchased pre-paid cellular service

for a pre-existing cell phone using the name "Ed Short" on or about

June 17, 1998. Johnson also testified that on or about June 18, 1998,

Wills returned to the Radio Shack complaining that the cell phone did

not function properly. Johnson's testimony is consistent with Wills'

June 19, 1998 conversation with his brother, during which Wills indicated that he had been at Radio Shack and that his cell phone had not

been functioning properly. Also, on or about June 19, a handwritten

note dated "6/19/98" and listing the same telephone number was left

at Alam's apartment which read, "Were [sic] sorry that our phones

were down yesterday 6/18/98 Please! Try our line again. Were [sic]

open 7 days a week. Jobs!!" Neal Carver, Cingular Wireless' Asset

Protection Manager, testified that Cellular One's records indicated

28 
that on June 22, 1998 the cell phone number given to Ed Short was

transferred to a phone previously used by Christopher Wills.

 The government also presented evidence that Wills and Alam had

been speaking via telephone. Cellular One records revealed that calls

were placed from the phone number linked to Wills to Alam's home

phone number on June 23 and June 24, and to Alam's pager three

times on June 25. In addition, Alam's cousin and his friend, Ali

Muradi, testified that a man named Felliece had called Alam regarding the grounds keeping job and gave the number advertised on the

fliers as his own. Muradi further testified that Alam was scheduled to

meet Felliece's secretary at Union Station. The government presented

evidence that Felliece was also the name of a man who called the

Augusta Correctional Center on two occasions claiming to be an

attorney for Michael Wills and that this man gave Christopher Wills'

address and telephone number as his own. Thus, we are of opinion

that the government presented sufficient evidence for a jury to conclude that Wills inveigled Alam into traveling from Virginia to Washington, D.C.

 Wills further contends that the government presented insufficient

evidence for the jury to conclude that Wills held and killed Alam. At

oral argument, the defense argued that there was a lack of evidence

showing that Alam was held for an appreciable period. See Chatwin

v. United States, 326 U.S. 455, 460 (1946). No instruction was

requested or given on appreciable time nor did the defense file a

motion for acquittal based on appreciable time. Thus, this claim might

well be defaulted. However, there is sufficient evidence in the case to

show that an appreciable period elapsed between the time when Alam

was decoyed and inveigled and the point at which Alam was determined to be missing.

 Wills argues that the government failed to present any direct evidence of Alam's death or that Wills murdered Alam. However, the

government did present direct evidence in the form of James Black's

testimony that Wills told him, "they'll never find the body," and

Alonzo Nichols' testimony that he overheard Wills telling Black,

"They can't give me the death penalty because they ain't never going

to find the body." See United States v. Russell, 971 F.2d 1098, 1110

29 
n.24 (4th Cir. 1992) ("Confessions and eyewitness or ear-witness testimony, of course, are forms of direct evidence . . . .").

 Nevertheless, we have held that when a victim's body has not been

found the corpus delicti may be established exclusively by circumstantial evidence. See Russell, 971 F.2d at 1110 n.24. The government

presented evidence that Wills told his brother, "I'm trying to get this

dude, man. If I don't my ass is grass." Furthermore, the government

presented evidence that although Alam's car was found in a Maryland

apartment complex parking lot on June 28, 1998, Alam has not been

seen since June 25, 1998, when he was given a citation for not wearing his seatbelt. Prior to leaving his Virginia apartment on June 25,

Alam had told his family and friends that he was going to meet Mr.

Felliece's secretary at Union Station for a job interview for the

grounds keeping position advertised in the fliers.

 Wills argues that the government's evidence is insufficient because

it fails to show that Wills, or someone acting on his behalf, ever met

with Alam. Wills also contends that the evidence does not indicate

that Alam ever went to Union Station. However, the government presented evidence that the day after Alam was last seen, Wills spoke to

his brother via telephone and answered in the affirmative when his

brother asked, "You handle the business?" and "Everything taken care

of?" Wills also told his brother, "I was doing a Casino joint," referring

to the movie, CASINO, in which a portion of the movie dealt with the

elimination of potential witnesses. Wills later told his brother that he

"handle[d] his business" and that his "people" were "on the scene, but

they don't know disposal."

 Wills further contends that Alam may have voluntarily vanished

and may not wish to contact his family or friends. The government,

however, presented testimony that Alam gave no indication that he

did not intend to return home. Alam did not take any personal items

with him and he took very little cash. He had no credit cards, no passport, and no travel documents. Furthermore, he never returned to his

job at the Fish Market, nor did he pick up his paycheck. Finally, the

police checked local morgues, other police agencies and police computer files, and entered Alam's name into the national crime database

in an effort to locate him but these efforts were unsuccessful. After

viewing this evidence in the light most favorable to the government,

30 
we are of opinion there was sufficient and substantial evidence for a

jury to conclude that Wills held and murdered Alam.

 We therefore are of opinion that the government presented substantial and sufficient evidence for the jury to convict Wills of kidnapping

in violation of 18 U.S.C. § 1201(a)(1).

VII. 

 Wills also claims that the government presented insufficient evidence to convict him of interstate stalking resulting in death in violation of 18 U.S.C. § 2261A.

 Again, in reviewing a conviction for the sufficiency of evidence

"[t]he verdict of a jury must be sustained if there is substantial evidence, taking the view most favorable to the government, to support

it." Glasser v. United States, 315 U.S. 60, 80 (1942). To establish a

violation of 18 U.S.C. § 2261A, the government must show, beyond

a reasonable doubt, that the defendant (1) traveled across State lines;

(2) with the intent to injure or harass another person; and (3) in the

course of, or as a result of, such travel, placed that person in reasonable fear of death or of serious bodily injury. See 18 U.S.C. § 2261A.

Because we have already held that the government presented sufficient evidence from which a jury could conclude that Wills killed

Alam, we need not address that issue again, except to say that there

is substantial evidence to support the verdict of the jury that Alam

died as a result of being stalked.

 Wills argues that the government failed to establish the interstate

travel requirement of § 2261A because, he contends, it presented evidence that Alam, not Wills, traveled across state lines. However, the

government presented evidence that the interstate stalking began on

June 15, 1998 when Wills traveled from Washington, D.C., to Fairfax

County, Virginia, for the preliminary hearing in Fairfax County General District Court in which Alam identified Wills as the man whom

he had discovered burglarizing his home. Wills later told his brother

that his "peoples" were with him "undercover" at the preliminary

hearing to watch Alam and to find out what type of car Alam drove.

The government also presented evidence that Wills traveled to

Alam's apartment to leave fliers on June 17, 1998 and June 18, 1998,

31 
which is consistent with Wills' statements to his brother, "I already

got the fliers out and everything . . ." and that he had put "Plan A"

into action. Thus, we are of opinion that there was sufficient evidence

for the jury to conclude that Wills traveled from his home in Washington, D.C., to Virginia.

 Next we must determine whether the government presented sufficient evidence from which a jury could find that Wills intended to

injure or harass Alam.16 After the preliminary hearing, Wills

described to his brother how Alam had identified him at the hearing

and stated, "I ain't got time to leave it at that." The government also

presented other statements made by Wills to his brother, including the

statement, "I'm trying to get this dude, man. If I don't my ass is

grass." In addition, after the fliers were left at Alam's apartment,

Wills told his brother, "I already got the fliers out and everything, so

I'm just waiting, you know for them to get it and call. . . I'm trying

to, you know, figure out how to go at him." Wills "Doing a Casino"

also at the very least inferred harm to Alam. After viewing this evidence in the light most favorable to the government, we find that

there was substantial and sufficient evidence from which the jury

could have concluded that Wills intended to harm or harass Alam.

 Wills contends that "[t]he record is completely devoid of any evidence that Alam was placed in fear of death or serious bodily injury."

In response, the government argues that when viewed as a whole,

Wills' statements to his brother on June 26 and 27, particularly the

references to CASINO, and Wills' trial testimony, was sufficient evidence from which a jury could reasonably have concluded that Alam

experienced fear prior to his death.

 The government presented evidence that Alam was to meet Felliece's secretary at Union Station and that Felliece was a name which

had been used by Christopher Wills in the past. The government

argues that the jury could have reasonably concluded that after Alam

met Felliece's secretary, Alam was taken by an accomplice to another

location. The government contends that this theory is supported by

statements Wills made to his brother, after Alam was missing: "I ain't

____________________________________________________________

 16 On appeal, Wills has not raised a specific challenge to the sufficiency of the evidence supporting his intent to injure or harass Alam.

32 
had to show my face at all, period" and his "people" were "on the

scene, but they don't know disposal." Wills also told his brother, "I'm

gonna tell you some things . . . But you know I can't say it on the

phone, `cause it pertains to something, you know." Wills then referred

to the movie, CASINO, saying, "I was doing a Casino joint, right?" In

the final part of CASINO, which the government played in court, two

mobsters are beaten, stripped of their clothing, and buried alive in

shallow graves in a remote cornfield. The government argues that it

was reasonable for the jury to conclude that Wills had killed Alam in

a similar manner and could have inferred that the phrase "sweating

ass naked" was a description of Alam, in fear, prior to his death. The

government further argues that it was reasonable for a jury to conclude from its observations of Wills' demeanor on the stand while he

testified and from hearing his recorded conversations that Wills had

placed Alam in fear of death or of serious bodily injury. We agree

with the government and conclude that the government presented substantial and sufficient evidence from which a jury could infer that

Wills had placed Alam in fear of death or of serious bodily injury.17

VIII. 

 Wills raises three additional issues relating to the element of death

as it relates to kidnapping and interstate stalking.

 Wills first contends that the indictment was fatally defective

because it failed to allege the time and place of Alam's death as well

as the fatal blow that caused his death. In support of his claim, Wills

relies on the common law year and a day rule, which requires that the

____________________________________________________________

 17 Wills also argues that the government failed to establish venue in the

Eastern District of Virginia for the interstate stalking count because it did

not present any evidence that Alam was placed in fear while he was in

Fairfax County, Virginia on any of the days that Wills was alleged to

have traveled to Virginia. Wills argues that stalking does not begin until

a person is placed in fear of death or of serious bodily injury. Therefore,

he argues that venue in the Eastern District of Virginia was inappropriate

because Alam was not placed in fear until he traveled to Washington,

D.C. We disagree. We are of opinion that venue was proper in both the

Eastern District of Virginia, where Wills left fliers at Alam's apartment,

and in the District of District of Columbia.

33 
victim's death occur within a year and a day of the alleged fatal

stroke, blow, or injury perpetrated by the defendant. See United States

v. Chase, 18 F.3d 1166, 1169 (4th Cir. 1993).

 Both counts of the indictment allege that the kidnapping and stalking offenses, including Alam's resulting death, occurred between June

15, 1998 and June 25, 1998. Thus, we conclude that the indictment

was sufficient to provide Wills with fair notice of his alleged criminal

conduct and that it complied with the year and a day rule.

 Second, Wills asserts the court's instructions and findings at sentencing as well as the government's arguments and presentment of

evidence constructively amended the indictment to charge Wills with

the premeditated, intentional, capital murder of Alam. Wills claims

that the indictment did not charge premeditated, intentional, or capital

murder of Alam because it did not allege how Alam died nor did it

allege a fatal stroke perpetrated by Wills.

 We conclude that the jury instructions and the government's evidence did not impermissibly broaden the bases for conviction beyond

those charged in the indictment. See United States v. Randall, 171

F.3d 195, 203 (4th Cir. 1999). The indictment explicitly charged

Wills with the kidnapping and interstate stalking of Alam which

resulted in Alam's death. The evidence presented by the government

was relevant to the elements of the charged offenses. Furthermore, as

to both counts of the indictment the court instructed the jury that it

"must determine whether Zabiullah Alam is dead . . . and if so,

whether his death resulted from the willful and intentional conduct of

the defendant." We are of opinion that these instructions did not constructively amend the indictment. Therefore, we find that Wills' argument lacks merit.

 Finally, Wills argues that the district court erroneously instructed

the jury that Alam's death could be proven by circumstantial evidence. In reviewing the adequacy of the instructions, we "accord the

district court much discretion and will not reverse provided that the

instructions, taken as a whole, adequately state the controlling law."

Teague v. Bakker, 35 F.3d 978, 985 (4th Cir. 1994).

 As we have already stated, we have held that when a victim's body

has not been found "it is well settled that the corpus delicti in general,

34 
and the victim's death, in particular, may be established exclusively

by circumstantial evidence." United States v. Russell, 971 F.2d 1098,

1110 & 1110 n.24 (4th Cir. 1992). Hence, the district court's instruction stated the controlling law in this circuit and the court did not err.

IX. 

A. 

 The government having given the notice under 18 U.S.C. § 3593

that it would seek the death penalty on the kidnapping charge, the

case was submitted to the jury on special verdict of two parts. To the

question "Has the government proven beyond a reasonable doubt that

. . . Wills kidnapped Zabiullah Alam?" the jury answered "Yes." To

the second question "Has the government proven beyond a reasonable

doubt that Zabiullah Alam died as a result of being kidnapped?" the

jury answered "Yes."

 On a day following, the court conducted a special sentencing hearing with the same judge and the same jury, pursuant to 18 U.S.C.

§ 3593. The sentencing hearing also was submitted to the jury by way

of special verdict, obviously prepared with care, in which the jury

answered 25 questions with respect to both aggravating and mitigating factors and recommended that Wills be sentenced to life imprisonment without the possibility of release.

 The only objection made to the sentencing on the kidnapping count

is that the court erred in applying a cross reference in the Sentencing

Guidelines of § 2A1.1 for first-degree murder and a base offense level

of 43. Coupled with that, the claim is that the indictment is defective

for failing to elect any facts or factors establishing the element of

Alam's murder or death.

 The Guideline for kidnapping, however, is § 2A4.1 which, in subsection (c) provides if the victim was killed under circumstances that

would constitute murder under § 1111, then the first-degree murder

Guideline should be applied. The special verdict form on the merits

provided that Alam "died as a result of being kidnapped," and the special verdict on punishment provided that "WILLS intentionally partic35 
ipated in an act of kidnapping, contemplating that the life of Zabiullah

Alam would be taken and/or intending that lethal force would be used

in connection with the kidnapping." Another statutory aggravating

factor found was that "WILLS committed the kidnapping offense

after substantial planning and premeditation to cause the death of

Zabiullah Alam." These facts certainly justify the reference to

§ 2A1.1, the first-degree murder Guideline.

 The claim that the various aggravating factors had to be alleged in

the indictment is not required by Ring v. Arizona, 536 U.S. 584

(2002) which does require, however, that they be submitted to the

jury, as they were in this case. The district court correctly followed

the applicable statutes and Sentencing Guidelines.

 In all events, the government correctly claims that a life sentence

was required by the statute, without reference to the Sentencing

Guidelines, because the jury did not recommend the death sentence.

Section 1201(a)(5) in such a case requires punishment to be "by death

or life imprisonment."

B. 

 The stalking conviction was also submitted to the jury by way of

special verdict on the merits and was returned that the government

had "proven beyond a reasonable doubt that . . . Wills, stalked Zabiullah Alam" and that the government had "proven beyond a reasonable

doubt that Zabiullah Alam died as a result of being stalked." The parties are agreed that the offense level under the Sentencing Guidelines

for stalking was 43.

 One of the jury's answers on the special verdict form as to kidnapping was that Wills intentionally participated in the act of kidnapping,

and the district court found "The facts of this case established the premeditated, deliberate, and malicious planning of kidnapping and killing of the victim." Thus, the district court was well within its

discretion in sentencing Wills to life imprisonment under

§ 2261(b)(1) which provides for a sentence of "life or any term of

years, if death of the victim results." So far as sentencing for stalking

may be considered to be an amendment to the indictment, it is likewise without merit.

36 
 The judgment of the district court is accordingly

AFFIRMED.

18 

____________________________________________________________

 18 Any claims of error we may have not mentioned with particularity

have been considered and are likewise without merit.

37