United States Supreme Court.https://leagle.com/images/logo.png
Argued April 19, 2000.
Decided June 12, 2000.
Attorney(s) appearing for the Case
Donald J. McCauley argued the cause for petitioner. With him on the briefs were Richard Coughlin, Jeffrey T. Green, and Joseph S. Miller.
David C. Frederick argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Thomas E. Booth.*
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, p. 275.
United States Supreme Court.
Justice Thomas, delivered the opinion of the Court.
In Schmuck v. United States,489 U.S. 705 (1989), we held that a defendant who requests a jury instruction on a lesser offense under Rule 31(c) of the Federal Rules of Criminal Procedure must demonstrate that "the elements of the lesser offense are a subset of the elements of the charged offense." Id., at 716. This case requires us to apply this elements test to...
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