Try the following:
1. Try using a DVD Cleaning kit to make sure the lens is clean and free of dirt and foreign material.
2. If the game is freezing at the same spot every time, try deleting the save files for the game from the hard drive and try the game again. (you can back them up to a memory card). You might also delete everything from the drive (soundtracks, etc) from the drive, as this has also been known to fix this type of problem.
3. Try the game in another Xbox, or exchange it at the retailer to make sure it's not the particular copy(check for smudges, fingerprints, smudges beforehand).
4. Try clearing your cache of the game. To clear your Xbox's cache of the game, you need at least three other Xbox games. Place the first game in and let it load until it gets to the game's main menu. Next, repeat this process with the other two games. Once finished, place in the game in question and try the game.
5. An incorrect date/time in the Xbox may lead to corrupt saves. Corrupt saves may then generate an error on the Xbox, also known as Dirty Disk Error (DDE), where the disk is not properly read by the console. Make sure the date/time is always set correctly. This information is purged if the Xbox is not plugged directly into an outlet after around 5 hours or so.
I'm gonna give it one last try and see what happens, they also said that a 2nd patch was do out soon but didnt give me a date.