I. WHETHER THE COURT SHOULD RESOLVE THE CONFLI CT I N
THE CI RCUI TS REGARDI NG THE STANDARD APPLI CABLE TO
DETERMI NING W HEN THE SI XTH AMENDMENT PROHI BITS
DISCHARGI NG A J UROR UNDER RULE 2 3(b)(3 ) WHO HAS
EXPRESSED DI SAGREEMENT W ITH THE LAW BUT W HO ALSO
MAY HAVE EVI DENCE-BASED CONCERNS

II.WHETHER, I N THE ABSENCE OF CLEAR EVI DENCE THAT A
JUROR W HO EXPRESSES DI SAGREEMENT W ITH THE LAW
DOES NOT ALSO HAVE EVI DENCE-BASED CONCERNS, THE
TRIAL COURT MUST CONDUCT A NARROW LY TAI LORED
VOIR DI RE SUFFI CIENT TO DETERMI NE W HETHER THE
JUROR ALSO HAS EVI DENCE-BASED DOUBTS ABOUT THE
SUFFI CIENCY OF THE GOVERNMENT'S CASE

Whether the court should resolve the conflict in the circuits regarding the standard applicable to determining when the Sixth Amendment prohibits discharging a juror under Rule 23(b)(3) who has expressed disagreement with the law but who also may have evidence-based concerns