The following excerpt is from Douglas v. Jacquez, 626 F.3d 501 (9th Cir. 2010):
5 The jury was not instructed on the lesser included offense, but the elements are exactly the same except the burned structure need not have been inhabited at the time of the arson.
6 See Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
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