The following excerpt is from Morris v. Ylst, 52 F.3d 334 (9th Cir. 1995):
Finally, a sleeping juror does not constitute juror misconduct violating a defendant's due process rights unless the defendant was prejudiced to the extent that he did not receive a fair trial. See United States v. Barrett, 703 F.2d 1076 (9th Cir.1983). No prejudice has been demonstrated.
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