Is a jury's failure to properly invoke a selection and arrangement argument invalid?

Ultimately, failure to properly invoke a selection and arrangement argument is a death knell for Skidmore's request for a selection and arrangement instruction. He is not entitled to an instruction based on a legal theory that was not presented to the jury. See Roberts v. Spalding , 783 F.2d 867, 873 (9th Cir. 1986) ("[T]he district court was under no duty to submit to the jury proposed instructions that contain ... a theory not supported by the evidence ....").¹² The district court committed no error by declining to instruct the jury on selection and arrangement.¹³