The following excerpt is from U.S. v. Ramirez, 990 F.2d 1264 (9th Cir. 1993):
"A defendant is entitled to a jury instruction on a theory of defense if the theory has a basis in law and in the record." United States v. Solomon, 825 F.2d 1292, 1295 (9th Cir.1987), cert. denied, 484 U.S. 1046 (1988). However, a "defendant is not entitled to any particular form of an instruction so long as the instructions given fairly and adequately cover the defendant's theories of defense." Id. "[A] defendant is not entitled to a mere presence instruction of his own phrasing." United States v. Ferris, 719 F.2d 1405, 1408 (9th Cir.1983).
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