Rosenthal

MEMORANDUM **

Edward Rosenthal appeals from his jury conviction for manufacturing marijuana, maintaining a place for the manufacture of marijuana, and conspiring to commit both substantive offenses, in violation of 21 U.S.C. §§ 841 , 846, and 856. Rosenthal argues that the district court violated his constitutional rights by excluding evidence that he was cultivating marijuana for medical purposes and had a good faith, reasonable belief that he was acting lawfully in doing so, and by refusing to give jury instructions relating to his mistaken belief that his actions were lawful. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Rosenthal contends that by barring testimony from others related to his reasonable, good faith belief that he was acting lawfully and by refusing to give proposed jury instructions related to his alleged mistake, the court denied him the opportunity to present a complete defense and to testify effectively in his own defense in violation of the Fifth and Sixth Amendments. Even assuming this argument is not foreclosed by the law of the case, Rosenthal cannot succeed on the merits. To prevail, Rosenthal must show that a valid legal theory…