Does the trial court commit reversible error in failing to instruct the jury that to commit a conspiracy was to conspire with someone other than a law enforcement official?

MultiRegion, United States of America

The following excerpt is from U.S. v. Romero-Real, 17 F.3d 397 (9th Cir. 1994):

Nor did the trial court commit reversible error in failing to instruct the jury that to commit a conspiracy Romero-Real had to conspire with someone other than a law enforcement official. A trial court must give a requested instruction only if "it is supported by law and has some foundation in the evidence." United States v. Gomez-Osario, 957 F.2d 636, 642 (9th Cir.1992). A district court's determination of whether the requested instruction has a foundation in the evidence is reviewed for an abuse of discretion. Id.

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