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Case 1:20-cr-00330-PAE Document649_ Filed 03/15/22 Page12of12 LAW OFFICES OF BOBBI C. STERNHEIA\ 983 (9 Cir. 1998) (en banc) (“If a juror treats with contempt the court's admonition to answer voir dire questions truthfully, she can be expected to treat her responsibilities as a juror — to listen to the evidence, not to consider extrinsic facts, to follow the judge's instructions — with equal scorn.’’). As Felix Frankfurter observed, “Justice must satisfy the appearance of justice.” Excusing Juror 50’s false answers because he believes his concealed history of sexual abuse did not affect his ability to serve as a fair and impartial juror does not satisfy the appearance of justice. Only a new trial would. The Court should therefore order a new trial. Very truly yours, /s/ Bobbi C. Sternheim Bobbi C. Sternheim /s/ Christian Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor New York, New York 10022 (212) 957-7600 ce! All Counsel of Record (by ECF) 2 DOJ-OGR-00010318