The following excerpt is from U.S. v. Scott, 789 F.2d 795 (9th Cir. 1986):
Scott claims the trial court erred in denying his requested instructions on good faith and lack of intent to harm the government. The availability of such defenses to the crime of selling government property without authorization is a question of law. We review de novo. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, --- U.S. ----, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984). Failure to give an instruction on the defendant's theory of the case is reversible error if the theory is legally sound and evidence in the case makes it applicable. United States v. Escobar de Bright, 742 F.2d 1196, 1201 (9th Cir.1984).
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