Is a defendant entitled to have the judge instruct the jury on his theory of defense?

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 evidence." United States v. Gomez-Osorio, 957 F.2d 636, 642 (9th Cir.1992).

Ashe was convicted under 18 U.S.C. Sec. 922(g)(1), which prohibits the possession of a firearm by any person "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year." Section 921(a)(20) provides that what constitutes a qualifying conviction shall be determined "in accordance with the law of the jurisdiction in which the proceedings were held." 18 U.S.C. Sec. 921(a)(20). However, a conviction will not qualify as a basis for section 922(g)(1) liability if, under the law of the jurisdiction in which the conviction occurred, the "conviction ... has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored." Id.; United States v. Dahms, 938 F.2d 131, 133 (9th Cir.1991).