Is entrapment or inducement an instruction that prejudiced their defense to the charge of conspiracy to commit murder for hire?

As there was insufficient evidence to convict the defendants of conspiracy to commit murder-for-hire, it is irrelevant whether the entrapment instructions prejudiced their defense to that count. In relation to the remaining charges, we find no defect in the court's instructions. Although the defendant is entitled to an instruction on his theory of the case, we review challenges which merely pertain to the trial judge's language for an abuse of discretion. United States v. Marabelles, 724 F.2d 1374, 1382-83 (9th Cir.1984).

The court explained to the jury that it was not improper for the government to use undercover agents to investigate crime. The defendants argue that the instruction effectively prevented the jury from finding government inducement. We have approved similar "undercover agent" instructions in other conspiracy cases. United States v. North, 746 F.2d 627, 630 (9th Cir.1984).