Is a defendant entitled to a jury instruction on a defense theory for which there is no foundation in the evidence?
MultiRegion, United States of America
The following excerpt is from United States v. Banki, 660 F.3d 665 (2nd Cir. 2011):
A defendant is entitled to a jury instruction on a defense theory for which there is any foundation in the evidence. United States v. Russo, 74 F.3d 1383, 1393 (2d Cir.1996) (emphasis added) (internal quotation marks omitted). Here, there was no foundation in the evidence for a mere customer or beneficiary instruction.
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