The following excerpt is from U.S. v. Bean, 927 F.2d 611 (9th Cir. 1991):
A defendant is entitled to a jury instruction on a theory of defense only "if the theory has a basis in law and in the record." United States v. Hayes, 794 F.2d 1348, 1350-51 (9th Cir.1986), cert. denied, 479 U.S. 1086 (1987).
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