What is the test for determining whether a defendant has a right to a jury instruction on a defense?

A useful analogy is the context of determining whether a criminal defendant has a right to a jury instruction on a defense. In that instance, as here, the defendant is deprived of a jury determination that should have gone forward. In the precluded defense context, we ask only whether the defendant has presented sufficient evidence to warrant the requested instruction, recognizing that the "weight and credibility of the conflicting testimony are issues [for] the jury, not the court," to resolve. United States v. Becerra , 992 F.2d 960, 96364 (9th Cir. 1993), overruled on other grounds by United States v. Collazo , 984 F.3d 1308, 1335 (9th Cir. 2021) ; see also United States v. Bailey , 444 U.S. 394, 41415, 100 S.Ct. 624, 62 L.Ed.2d 575 (1980). Likewise, in assessing sufficiency in

[997 F.3d 1048]