The following excerpt is from U.S. v. Chavez-Vernaza, 952 F.2d 1400 (9th Cir. 1992):
The usual remedy in cases alleging juror misconduct is an evidentiary hearing "in which the defendant has the opportunity to prove actual bias" and in which all interested parties are permitted to participate. Smith v. Phillips, 455 U.S. 209, 215, 216 (1982). Such a hearing was held. The government subpoenaed the two witnesses relied upon in defendant's motion for a new trial. The defendant did not request the presence of the juror at the hearing. There is nothing in the record to indicate that defendant was denied the right to do so.
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