Is Contreras-Rodriguez's claim that the District Court erred by failing to instruct the jury as to his theory of defense?

Contreras-Rodriguez also asserts that the district court erred by failing to instruct the jury as to his theory of defense; he contends that the district judge should have given "mere presence" and "knowing possession" instructions. "[A] defendant is entitled to have the judge instructions the jury on his theory of defense, provided that it is supported by law and has some foundation in the evidence." United States v. Duran, 59 F.3d 938, 941 (9th Cir.) (quoting United States v. Gomez-Osorio, 957 F.2d 636, 642 (9th Cir.1992)), cert. denied 116 S.Ct. 535 (1995). We apply an abuse of discretion standard in determining whether the required factual foundation exists. Id. We review de novo whether the instructions given adequately cover the defense theory. Id.