The following excerpt is from U.S. v. Lucas, 963 F.2d 243 (9th Cir. 1992):
The district court refused Lucas's request to instruct the jury on the allegedly lesser included offense of bank larceny. This decision is entirely consistent with our decision in United States v. Gregory, 891 F.2d 732 (9th Cir.1989), which held that:
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