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7a
sexual abuse, or sexual assault. Upon learning of the
interviews, the Government filed a letter on January
5, 2022, requesting a hearing; Maxwell then moved for
a new trial under Federal Rule of Criminal Procedure
33. On March 8, 2022, the District Court held a hearing
and Juror 50 testified—under grant of immunity—
that his answers to three questions related to sexual
abuse in the jury questionnaire were not accurate but
that the answers were an inadvertent mistake and
that his experiences did not affect his ability to be fair
and impartial. Finding Juror 50’s testimony to be
credible, the District Court denied Maxwell’s motion
for a new trial in a written order.
Maxwell was subsequently sentenced to a term of
240 months’ imprisonment to be followed by five years’
supervised release, and the District Court imposed a
$750,000 fine and a $300 mandatory special assessment.
This appeal followed.
° Question 2 asked “[hlave you, or any of your relatives or close
friends, ever been a victim of a crime?” Question 48 asked “[hlave
you or a friend or family member ever been the victim of sexual
harassment, sexual abuse, or sexual assault? (This includes
actual or attempted sexual assault or other unwanted sexual
advance, including by a stranger, acquaintance, supervisor,
teacher, or family member.)” Finally, Question 49 asked
[hJave you or a friend or family member ever been
accused of sexual harassment, sexual abuse, or sexual
assault? (This includes both formal accusations in a
court of law or informal accusations in a social or work
setting of actual or attempted sexual assault or other
unwanted sexual advance, including by a stranger,
acquaintance, supervisor, teacher, or family member.
See A-299, A-310.
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