Pelayo-Jimenez

MEMORANDUM **

Pelayo-Jimenez appeals his conviction by a jury of conspiracy to possess with the intent to distribute marijuana, conspiracy to import marijuana from Mexico, and importation of marijuana from Mexico, in violation of 21 U.S.C. §§ 841 (a)(1), 846, and 952(a). His sentence for possessing marijuana was imposed pursuant to 21 U.S.C. §§ 841 (a)(1) and (b)(1)(D), and the sentence for importing marijuana was imposed pursuant to 21 U.S.C. § 960 . He raises six issues on appeal. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , and affirm the district court’s judgment.

Because the parties are familiar with the facts, we will not recite them in detail except as necessary.

First, Pelayo contends that the district court erred in denying his motion for mistrial for jury misconduct, arguing that the judge should have questioned the entire jury panel about the juror’s improper remark. We review a trial court’s decision regarding jury incidents for abuse of discretion. See United States v. Beard, 161 F.3d 1190, 1194 (9th Cir.1998). A trial court has considerable discretion in determining whether to conduct a hearing regarding jury misconduct, and in defining the extent and…