Carter v. United States — Ginsburg, J., dissenting

Summary

Justice Ginsburg dissents, arguing that bank larceny is a lesser‑included offense of bank robbery and that the defendant should be permitted a jury instruction on bank larceny. She contends the majority’s reliance on the elements‑test of Schmuck misreads the common‑law relationship and the statutory history of 18 U.S.C. §2113. The dissent emphasizes that Congress retained the common‑law meanings when it codified the offenses.