U.S. v. HILL

No. 99-1158.

196 F.3d 806 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Damien HILL, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 12, 1999.


Attorney(s) appearing for the Case

Andrew B. Baker, Jr. (argued), Office of U.S. Attorney, Dyer, IN, Joseph Alexis Cooley, Office of U.S. Attorney, Hammond, IN, for plaintiff-appellee.

James J. Nagy (argued), Munster, IN, for defendant-appellant.

Before POSNER, Chief Judge, and ESCHBACH and EVANS, Circuit Judges.


POSNER, Chief Judge.

The sole issue presented by this appeal is whether the defendant, convicted of possession with intent to distribute of crack cocaine, 21 U.S.C. § 841(a)(1), was entitled to an instruction that would have permitted the jury to convict him instead of the less grave offense of simple possession. 21 U.S.C. § 844(a). A defendant is entitled to an instruction on a "lesser included" offense only if there is enough evidence to permit a rational...

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