context: The majority concludes that "[t]he error here was a sentencing error, as nothing was wrong with Lewis's indictment or trial." But the same could have been said in Vazquez: The instructions to the jury were sufficient to support a conviction and sentence for a lesser-included offense that did not require proof of drug quantity, and the sentencing court erred by imposing a sentence greater than that reflected in the instructions. Indeed, we characterized the sequence of events in Vazquez as a combined "trial and sentencing error" despite there being nothing incorrect about instructing the jury and securing a conviction on a lesser-included offense, as opposed to the aggravated crime charged in the indictment.
citation_a.signal: see also
citation_a.identifier: 622 F.3d 196, 207
citation_a.parenthetical: affirming conviction for lesser-included offense under plain-error review where jury was instructed only as to aggravated offense
citation_a.sentence: See Schmuck v. United States, 489 U.S. 705, 717, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989) (Rule 31(c) of the Federal Rules of Criminal Procedure “suggests that a lesser included offense instruction is available in equal measure to the defense and to the prosecution”); Keeble v. United States, 412 U.S. 205, 208, 93 S.Ct. 1993, 36 L.Ed.2d 844 (1973) (“[T]he defendant is entitled to an instruction on a lesser included offense if the evidence would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater.”); see also United States v. Petersen, 622 F.3d 196, 207 (3d Cir.2010) (affirming conviction for lesser-included offense under plain-error review where jury was instructed only as to aggravated offense).
citation_b.signal: see
citation_b.identifier: 412 U.S. 205, 208
citation_b.parenthetical: "[T]he defendant is entitled to an instruction on a lesser included offense if the evidence would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater."
citation_b.sentence: See Schmuck v. United States, 489 U.S. 705, 717, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989) (Rule 31(c) of the Federal Rules of Criminal Procedure “suggests that a lesser included offense instruction is available in equal measure to the defense and to the prosecution”); Keeble v. United States, 412 U.S. 205, 208, 93 S.Ct. 1993, 36 L.Ed.2d 844 (1973) (“[T]he defendant is entitled to an instruction on a lesser included offense if the evidence would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater.”); see also United States v. Petersen, 622 F.3d 196, 207 (3d Cir.2010) (affirming conviction for lesser-included offense under plain-error review where jury was instructed only as to aggravated offense).