Carter v. United States

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 81(e) 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 ease requires us to apply this elements test to the offenses described by 18 U. S. C. §§ 2113(a) and (b) *259(1994 ed. and Supp. IV). The former punishes “[wjhoever, by force and violence, or by intimidation, takes ... from the person or presence of another . . . any . . . thing of…