Does the trial judge improperly comment that counsel's questions are not relevant?

Lustig also suggests that the trial judge improperly commented that he found counsel's questions to be "marginally relevant." But the jury had already retired from the courtroom when this statement was made. No prejudice was possible. In any event, the trial judge is vested with power to comment fairly to the jury. Duke v. United States, 255 F.2d 721, 728 (9 Cir. 1958).

Lustig argues that the district court erred in not granting a directed verdict on the conspiracy charge because of a lack of evidence. The record shows that the evidence against Lustig was considerable, and far in excess of what has been found by this court to be sufficient. See, e. g., United States v. Robinson, 546 F.2d 309, 314 (9 Cir. 1976); United States v. Freie, supra, 545 F.2d at 1222.