What is the test for instructing a jury on self defense and defense of property?

Defendant argues that the district court erred in failing to instruct the jury on self-defense and defense of property. We review de novo the district court's refusal to instruct the jury on defendant's theory of the case. United States v. Wagner, 834 F.2d 1474, 1486 (9th Cir.1987), cert. denied, 510 U.S. 1134 (1994).

1. Self-defense

A Defendant is entitled to an instruction concerning his theory of the case if it is supported by law and has some foundation in the evidence. United States v. DeBright, 742 F.2d 1196, 1198 (9th Cir.1984), (quoting United States v. Winn, 577 F.2d 86, 90 (9th Cir.1978)).

A trial judge must instruct the jury on self defense "if there is evidence upon which the jury could rationally sustain the defense." United States v. Streit, 962 F.2d 894, 898 (9th Cir.), cert. denied, 506 U.S. 962 (1994) ( quoting United States v. Jackson, 726 F.2d 1466, 1468 (9th Cir.1984)). A "mere scintilla" of evidence will not suffice. Id.