The following excerpt is from U.S. v. B & M Farms, 87 F.3d 1323 (9th Cir. 1996):
We are unable to find a case directly on point for a standard of review for this motion. However, we review a denial of a motion for an evidentiary hearing regarding allegations of jury misconduct for abuse of discretion. United States v. Navarro-Garcia, 926 F.2d 818, 822 (9th Cir.1991). "Unless the court is able to determine without a hearing that the allegations are without credibility or that the allegations if true would not warrant a new trial, an evidentiary hearing must be held." Id.
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