At least one judge on a federal appellate panel seemed uncertain Friday of reversing disgraced lawyer Michael Avenatti’s wire fraud conviction based on an instruction the trial judge gave regarding a holdout juror.

Judge Steven Menashi of the U.S. Court of Appeals for the Second Circuit pressed Avenatti’s attorney, federal public defender Kendra Hutchinson, on her client’s argument that U.S. District Judge Jesse Furman’s instruction had singled out and coerced the holdout juror, warranting a new trial.