Cunaca

MEMORANDUM *

Defendant Jesus Martin Cunaca appeals his conviction of possession with intent to *515 distribute cocaine and importation of cocaine and the resulting imposed sentence. Because the parties are familiar with the facts and procedural history of the case, we will not recount it here. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

I

We affirm the district court’s denial of Cunaca’s motion pursuant to Fed. R.Crim.P. 29(c) for a mistrial based on juror misconduct. When addressing potential misconduct, “it is within the trial judge’s discretion to determine whether and when to hold an evidentiary hearing on such allegations. If the judge orders an investigative hearing, it is within his discretion to determine its extent and nature.” United States v. Hendrix, 549 F.2d 1225, 1227-28 (9th Cir.1977). Furthermore, the defendant must show prejudice: “The test is whether or not the misconduct has prejudiced the defendant to the extent that he has not received a fair trial.” United States v. Klee, 494 F.2d 394, 396 (9th Cir.1974).

We need not decide whether the trial judge should have conducted a hearing upon receiving the juror’s…