What is the current state of the law on cautionary instruction regarding accomplice and informant testimony?

Wills asserts that the district court erred by refusing to give a cautionary instruction regarding accomplice and informant testimony. Both parties erroneously assert that there is a conflict in this circuit regarding the standard in reviewing this question. To clear up this misconception, we recently stated in United States v. Duran, 59 F.3d 938 (9th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 535, 133 L.Ed.2d 440 (1995) that "[i]n an attempt to remove any remaining question we reiterate that no conflict exists in the circuit as to the appropriate standard of review for the denial of a defendant's proposed jury instruction." Id. at 941. "In general, '[a] defendant is entitled to have the judge instruct the jury on his theory of defense, provided that it is supported by law and has some foundation in the evidence.' " United States v. Gomez-Osorio, 957 F.2d 636, 642 (9th Cir.1992) (citation omitted).