U.S. v. MOSLEY

No. 96-5832.

126 F.3d 200 (1997)

UNITED STATES of America, v. Sylvester MOSLEY, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 18, 1997.


Attorney(s) appearing for the Case

Faith S. Hochberg, United States Attorney, Kevin McNulty, Elizabeth S. Ferguson, Mark Costello, (argued), Office of the United States Attorney, Newark, NJ, for Appellee.

Donald J. McCauley, (argued), Office of Federal Public Defender, Newark, NJ, for Appellant.

BEFORE STAPLETON, GREENBERG, and COWEN, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

Appellant Sylvester Mosley appeals from a judgment of conviction and sentence entered in the district court on two counts of bank robbery. Mosley argues that the district court erred in failing to instruct the jury that it could convict him of bank larceny as a lesser included offense of bank robbery.1 This case raises an issue we have not addressed: whether...

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