carter argued april decided june donned ski mask entered bank petitioner carter confronted exiting customer pushed back inside screamed startling others bank undeterred carter ran inside leaped counter one teller windows teller rushed manager office meanwhile carter opened several teller drawers emptied money bag removing almost jumped back counter fled charged violating punishes hoever force violence intimidation takes thing value bank contesting basic facts carter pleaded guilty theory taken bank money force violence intimidation requires trial moved jury instruction offense described lesser included offense offense described section entails less severe penalties punishing inter alia hoever takes carries away intent steal purloin thing value exceeding bank district denied motion jury instructed alone returned guilty verdict pursuant district entered judgment third circuit affirmed held requires three elements required lesser included offense petitioner prohibited matter law obtaining lesser included offense instruction offense described pp schmuck held defendant requests jury instruction lesser offense federal rule criminal procedure must demonstrate elements lesser offense subset elements charged offense elements test requires textual comparison criminal statutes lends certain predictable outcomes government contends three elements required required textual comparison elements two offenses suggests government correct whereas requires defendant act intent steal purloin defendant tak carr away property property value exceeding contains requirements extra clauses subsection regarded mere surplusage mean something potter rejects carter assertion foregoing application elements test rigid although correct normal principles statutory construction apply rejects claim principles counsel departure indicated straightforward reading text pp rejects carter arguments pertinent general relationship first contention anomalous impose criminal liability fence receives bank property violator text plainly provides fence receives property violator unless lesser included offense unpersuasive anomaly truly exists anomaly doubtful rises level absurdity cf green bock laundry machine event nothing purports redefine elements required text although substantial carter second argument insofar similar robbery larceny must assume require elements predecessors absent congress affirmative indication intent displace scheme also unavailing canon imputing meaning applies congress makes use statutory term established meaning common law see morissette although robbery larceny terms meanings neither term appears text robbery appears title title statute use sheds light ambiguous word phrase statute pennsylvania dept corrections yeskey carter claim title illuminates ambiguous language pp also rejects carter specific arguments concerning three extra elements pp carter mistaken argues intent steal purloin requirement must deemed implicit virtue cases interpreting criminal statutes silent mens rea include broadly applicable scienter requirements see video presumption favor scienter generally requires read statute mens rea necessary separate wrongful conduct otherwise innocent conduct case interpreting apply person engages innocent aberrant activity accomplished simply requiring general intent proof knowledge respect crime actus reus taking property another force violence intimidation see staples mental state actus reus shown concerns underlying presumption favor scienter fully satisfied forceful taking even defendant taking claim right falls outside realm otherwise innocent thus presumption favor scienter justify reading specific intent requirement intent steal purloin carter reliance legislative history unavailing light approach statutory interpretation begins examining text see estate cowart nicklos drilling psychoanalyzing enacted bank one chicago midwest bank trust pp ii similarly carter claim takes carries away requirement deemed implicit also fails argument takes equivalent takes carries away war statute text suggestion text dispositive nothing evolution suggests congress sought discard asportation requirement ignores fact inquiry begins textual product congress efforts speculation internal thought processes members congress free outlaw bank theft involve asportation hardly absurd congress since scenario actually occurred common law decision require asportation may virtues congress adopted different view question choice pp iii finally disagrees carter claim requirement property taken value exceeding sentencing factor element crime first structure strongly suggests two paragraphs first uses phrase question requiring property taken value exceeding second refers property value exceeding describe distinct offenses begins word hoever proceeds describe identically apart differing valuation requirements elements offense concludes stating prescribed punishment provisions stand grammatical feet strongly suggests congress intended valuation requirement element paragraph offense rather sentencing factor base offense jones furthermore steeply higher penalties enhancement maximum penalty proof valuation exceeding leads conclusion valuation requirement element first paragraph see castillo ante finally constitutional questions raised interpreting valuation requirement sentencing factor persuade adopt view requirement element see jones supra pp affirmed thomas delivered opinion rehnquist scalia kennedy joined ginsburg filed dissenting opinion stevens souter breyer joined floyd carter petitioner writ certiorari appeals third circuit june justice thomas delivered opinion schmuck held defendant requests jury instruction lesser offense rule federal rules criminal procedure must demonstrate elements lesser offense subset elements charged offense case requires us apply elements test offenses described ed supp iv former punishes hoever force violence intimidation takes person presence another thing value belonging possession bank latter entails less severe penalties punishes inter alia hoever takes carries away intent steal purloin thing value exceeding belonging possession bank hold requires element required three fact therefore lesser included offense petitioner accordingly prohibited matter law obtaining lesser included offense instruction offense described september petitioner floyd carter donned ski mask entered collective federal savings bank hamilton township new jersey carter confronted customer exiting bank pushed back inside screamed startling others bank undeterred carter ran bank leaped customer service counter one teller windows one tellers rushed manager office meanwhile carter opened several teller drawers emptied money bag removed almost currency carter jumped back counter fled scene later day police apprehended grand jury indicted carter charging violating contesting basic facts episode carter pleaded guilty theory taken bank money force violence intimidation requires trial carter moved instruct jury offense described lesser included offense offense described district relying mosley denied motion preliminary ruling close government case district denied carter motion judgment acquittal indicated preliminary ruling denying lesser included offense instruction stand jury instructed alone returned guilty verdict district entered judgment pursuant verdict appeals third circuit affirmed unpublished opinion relying earlier decision mosley judgment order reported ninth circuit agrees third lesser offense instruction precluded context see gregory circuits held contrary see walker brittain granted certiorari resolve conflict affirm ii schmuck supra called upon interpret federal rule criminal procedure provision defendant may found guilty offense necessarily included offense charged held provision requires application elements test one offense necessarily included another unless elements lesser offense subset elements charged offense elements test requires textual comparison criminal statutes approach explained lends certain predictable outcomes applying test held offense tampering odometer ed lesser included offense mail fraud explained mail fraud requires two elements devised intending devise scheme defraud perform specified fraudulent acts use mail purpose executing attempting execute scheme specified fraudulent acts lesser offense odometer tampering however requires element knowingly willfully causing odometer altered element absent offense mail fraud accordingly elements odometer tampering subset elements mail fraud defendant charged latter entitled instruction former rule schmuck supra turning instant case government contends three elements required first paragraph required specific intent steal asportation valuation exceeding statute provides bank robbery incidental crimes whoever force violence intimidation takes attempts take person presence another obtains attempts obtain extortion property money thing value belonging care custody control management possession bank credit union savings loan association shall fined title imprisoned twenty years whoever takes carries away intent steal purloin property money thing value exceeding belonging care custody control management possession bank credit union savings loan association shall fined title imprisoned ten years whoever takes carries away intent steal purloin property money thing value exceeding belonging care custody control management possession bank credit union savings loan association shall fined imprisoned one year textual comparison elements offenses suggests government correct first whereas subsection requires defendant act intent steal purloin subsection contains similar requirement second whereas subsection requires defendant tak carr away property subsection requires defendant tak property third whereas first paragraph subsection requires property value exceeding subsection contains valuation requirement extra clauses subsection regarded mere surplusage mea something potter carter urges foregoing application schmuck elements test rigid submits ordinary principles statutory interpretation relevant schmuck inquiry dispute latter proposition schmuck test requires exercise statutory interpretation comparison elements may made sensible normal principles statutory construction apply disagree however petitioner conclusion principles counsel departure case indicated straightforward reading text iii begin arguments pertinent general relationship carter first contends structure supports view subsection lesser included offense subsection points subsection imposes criminal liability person knowingly receives possesses conceals stores barters sells disposes property money thing value taken stolen bank violation subsection emphasis added anomalous posits carter subsection apply text plainly provides fence receives property violator subsection fence receives property violator subsection anomaly disappears concludes subsection always violated subsection violated subsection lesser included offense subsection carter anomaly even truly exists anomaly petitioner claim tend doubt rises level absurdity cf green bock laundry machine scalia concurring judgment example may violators subsection generally act alone violators subsection commonly assisted fences state affairs sensible congress may thought necessary punish fences property taken violation subsection congress may thought defendant violates subsection usually inevitably also violates subsection fence may punished reference latter violation event nothing subsection purports redefine elements required text subsections carter second argument substantial submits insofar subsections similar crimes robbery larceny must assume subsections require elements predecessors least absent congress affirmative indication whether text legislative history intent displace scheme government agree statutory crimes issue bear close resemblance crimes robbery larceny see brief citing blackstone commentaries accord post observation beside point canon imputing meaning applies congress makes use statutory term established meaning common law carter point term text statute limited scope canon imputing meaning long understood morissette example articulated canon way congress borrows terms art accumulated legal tradition meaning centuries practice presumably knows adopts cluster ideas attached borrowed word body learning taken meaning use convey judicial mind unless otherwise instructed case absence contrary direction may taken satisfaction widely accepted definitions departure emphasis added words cluster ideas common law imported statutory text congress employs term congress simply describes offense analogous crime without using terms made clear wells issue whether punishes person knowingly makes false statement report purpose influencing way action federal deposit insurance corporation insured bank upon application advance commitment loan requires proof materiality false statement defendants contended since materiality required element false statement offenses common law must also required although justice stevens dissent thought argument meritorious rejected undamentally disagree colleague apparent view term element crime carries every aspect crime term used statute justice stevens seems assume false statement element perjury perjury criminalizes material statements statute criminalizing false statements covers material statements parity reasoning perjury involved statements oath statute criminalizing false statement reach statements oath impossible believe congress intended impose restrictions sub silentio however rule imputing meaning statutory terms sweep broadly emphasis added citation omitted similarly turley declined look analogous crime statutory term issue stolen meaning common law see hile stolen constantly identified larceny term never common law equated exclusively dedicated larceny internal quotation marks omitted contrast hesitated turn common law guidance relevant statutory text contain term established meaning common law neder example addressed whether materiality required federal statutes punishing scheme artifice defraud nn citing unlike statute wells contained term statutes include term defraud observed extortion term proceeded interpret term reference meaning common law undisputed robbery larceny terms established meanings common law neither term appears text term robbery appear title title statute use shed light ambiguous word statute pennsylvania dept corrections yeskey quoting trainmen baltimore ohio modifications original carter claim title illuminates ambiguous language accordingly canon imputing meaning bearing case iv turn carter specific arguments concerning extra elements conceding absence three requirements text intent steal purloin takes carries away asportation value exceeding first paragraph carter claims first two deemed implicit third element intent steal purloin recalled text subsection requires specific intent steal purloin whereas subsection contains explicit mens rea requirement kind carter nevertheless argues specific intent requirement must deemed implicitly present virtue cases interpreting criminal statutes include broadly applicable scienter requirements even statute terms contain video properly applied however presumption favor scienter demands read subsection requiring proof general intent defendant possessed knowledge respect actus reus crime taking property another force violence intimidation explaining cases example lewis cert denied help make distinction general specific intent less esoteric lewis person entered bank took money teller gunpoint deliberately failed make quick getaway bank hope arrested returned prison treated alcoholism though defendant knowingly engaged acts using force taking money satisfying general intent intend permanently deprive bank possession money failing satisfy specific intent see generally lafave scott substantive criminal law distinguishing general specific intent presumption favor scienter requires read statute mens rea necessary separate wrongful conduct otherwise innocent conduct video supra staples example avoid criminalizing innocent activity gun ownership interpreted federal firearms statute require proof defendant knew weapon possessed characteristics bringing within scope statute see also liparota morissette contrast situations may call implying specific intent requirement statutory text suppose example statute identical without words intent steal purloin statute run risk punishing seemingly innocent conduct case defendant peaceably takes money believing reading statute require defendant possess general intent respect actus reus know physically taking money fail protect innocent actor statute therefore need read require general intent also specific intent defendant take money intent steal purloin case staples general intent requirement suffices separate wrongful otherwise innocent conduct section certainly interpreted apply hypothetical person engages forceful taking money sleepwalking innocent aberrant activity result accomplished simply requiring staples general intent proof knowledge respect actus reus crime mental state actus reus shown concerns underlying presumption favor scienter fully satisfied forceful taking even defendant takes claim right falls outside realm otherwise innocent thus presumption favor scienter justify reading specific intent requirement intent steal purloin independent reliance upon presumption favor scienter carter argues legislative history supports notion intent steal requirement read carter points congress enacted adverb feloniously agree equivalent intent steal modifying verb takes act may ch stat congress added act ch stat finally congress made two changes deleting feloniously dividing robbery larceny offenses separate subsections stat carter concludes deletion feloniously merely stylistic change congress intention deleting word drop requirement defendant feloniously take property intent reasoning however misunderstands approach statutory interpretation analyzing statute begin examining text see estate cowart nicklos drilling psychoanalyzing enacted bank one chicago midwest bank trust scalia concurring part concurring judgment feloniously doubt sufficient convey specific intent requirement akin one spelled subsection word simply appear subsection contrary dissent suggestion post reading fanciful one absence specific intent requirement subsection example permits statute reach cases like lewis see supra robs bank wants apprehended returned prison government represents indictments fact pattern invariably plead hence result reported decisions brought often every year brief hardly said therefore absurd delete feloniously order reach defendants made determination inquiry legislative motivation end cf bock laundry machine turning second element dispute recalled whereas subsection requires defendant tak carr away property subsection requires defendant tak property carter contends takes subsection equivalent takes carries away subsection carter seems acknowledge argument war text statute urges text dispositive nothing evolution suggests congress sought discard asportation requirement subsection inquiry focuses analysis textual product congress efforts speculation internal thought processes members congress certainly free outlaw bank theft involve asportation hardly absurd congress since scenario imagined hypothetical see state boyle mo app construing state statutory codification robbery apply defendant taking money threat force dropped money spot indeed leading treatise applauds deletion asportation requirement elements robbery see lafave scott substantive criminal law doubt common law decision require asportation also virtues congress adopted different view us question choice remains requirement first paragraph property taken value exceeding requirement notably absent carter shifting gears previous arguments concedes textual point claims valuation requirement affect schmuck elements analysis sentencing factor element disagree structure subsection strongly suggests two paragraphs first requires property taken value exceeding second refers property value exceeding describe distinct offenses begins word hoever proceeds describe identically apart differing valuation requirements elements offense concludes stating prescribed punishment provisions stand grammatical feet strongly suggests congress intended valuation requirement element paragraph offense rather sentencing factor base offense jones even aside statute structure steeply higher penalties enhancement maximum penalty proof valuation exceeding leads us conclude valuation requirement element first paragraph subsection see castillo ante slip jones finally constitutional questions raised interpreting valuation requirement sentencing factor persuade us adopt view valuation requirement element see dissent agrees valuation requirement subsection first paragraph element nonetheless hold subsection lesser included offense subsection post dissent reasons value exceeding component second paragraph element offense described paragraph hence matter value prevent second paragraph lesser included offense defendant wishes receive instruction first paragraph entails severe penalties second paragraph realistic option jury standpoint case one value property clearly exceeds dissent sees reason bar making election even though value exceeding element first paragraph clearly absent novel maneuver creates problem however since subsection contains valuation requirement defendant indicted violating subsection requests instruction subsection first paragraph effectively waive fifth amendment right notice indictment value exceeding element post course available prosecutor seeks insurance policy lesser included offense instruction paragraph determining case may fallen short proving elements subsection whatever authority defense counsel may possess waive defendant constitutional rights see generally new york hill prosecutor power thus prosecutor disabled obtaining lesser included offense instruction rule result plainly contrary schmuck explicitly rejected interpretive approach rule permitted defendant effect waiving right notice obtain lesser included offense instruction circumstances constitutional restraint notice defendant prevent prosecutor seeking identical instruction hold lesser included offense therefore petitioner entitled jury instruction judgment third circuit affirmed ordered floyd carter petitioner writ certiorari appeals third circuit june justice ginsburg justice stevens justice souter justice breyer join dissenting common law robbery meant larceny plus force violence putting fear robbery aggravated form larceny common law larceny lesser included offense robbery congress conclude depart traditional understanding rendered bank robbery incidental crimes federal offenses accordingly hold petitioner carter prohibited matter law obtaining instruction bank larceny lesser included offense holds congress dislodged bank robbery bank larceny mooring dissent determination presents three reasons support conclusion lesser included offense instruction properly withheld case test schmuck first holds bank larceny contains intent steal requirement bank robbery lacks ante second concludes larceny contains requirement carrying away asportation robbery ante third value exceeding requirement first paragraph larceny statute element equivalent exists robbery statute ante first second points conclude mistaken third agree value exceeding requirement element essential sustain conviction higher degree bank larceny hold however carter disqualified account obtaining lesser included offense instruction sought note outset structure points strongly toward conclusion bank larceny lesser included offense bank robbery section imposes criminal liability person knowingly receives possesses conceals stores barters sells disposes property money thing value taken stolen bank violation subsection bank larceny covered contains intent asportation element included bank robbery covered creates anomaly concedes ante today decision fence gets loot bank larcenist necessarily receive property stolen violation subsection one gets loot bank robber recognized bank larceny lesser included offense bank robbery however anomaly vanishes anyone violates necessarily commits lesser included offense described person knowingly receives stolen property bank robber guilty one knowingly receives stolen property bank emphasize well title bank robbery incidental crimes repeatedly recognized title statute heading section tools available resolution doubt meaning statute quoting trainmen baltimore ohio robbery agree offense common law consistently instructed courts ordinarily read federal criminal laws accordance origins congress directed otherwise see neder congress uses terms accumulated settled meaning common law must infer unless statute otherwise dictates congress means incorporate established meaning terms internal quotation marks modifications omitted evans familiar maxim statutory term generally presumed meaning quoting taylor turley recognize federal criminal statute uses term established meaning without otherwise defining general practice give term explained morissette congress borrows terms art accumulated legal tradition meaning centuries practice presumably knows adopts cluster ideas attached borrowed word body learning taken meaning use convey judicial mind unless otherwise instructed case absence contrary direction may taken satisfaction widely accepted definitions departure interpreting guided understanding robbery incidental crimes common law government concedes robbery aggravated form larceny specifically common law defined larceny felonious taking carrying away personal goods another blackstone commentaries blackstone internal quotation marks omitted robbery turn larceny effected taking property person presence another means force putting fear brief citing lafave scott substantive criminal law pp lafave scott larceny therefore lesser included offense robbery common law see blackstone robbery pen violent larciny person emphasis deleted east pleas crown robbery species aggravated larceny russell greaves crimes misdemeanors robbery aggravated species larceny closer inspection elements crimes confirms relationship elements larceny also elements robbery first essentially robbery like larceny entailed intentional taking see blackstone robbery felonious forcible taking person another goods money value putting fear east supra robbery felonious taking money goods value person another presence violence putting fear second quotations indicate taking robbery felonious term art signifying intent steal see blackstone taking carrying away must also felonious done animo furandi intent steal civil law expresses lucri causa sake gain black law dictionary ed felonious technical word law means done intent commit crime third like larceny robbery contained asportation requirement see lafave scott larceny requires thief take secure dominion carry away move slightly property question robbery traditional view requires taking asportation sense least slight movement property footnotes omitted unlike larceny however robbery included one essential component element force violence intimidation see blackstone utting fear criterion distinguishes robbery larcinies precedent thus instructs us presume congress adhered altogether clear understanding larceny lesser included offense robbery unless congress affirmatively indicated design codifying crimes robbery larceny displace meanings relationship far signaling intent depart common law codification predecessor statute suggests congress intended adhere traditional ranking larceny lesser included offense robbery indication point codification two crimes congress meant install new conceptions larceny robbery severed foundations prior federal law criminalize bank robbery larceny crimes punishable state law congress enacted precursor response outbreak bank robberies committed john dillinger others evaded capture state authorities moving state state see jerome act aimed interstate operations gangsters banks activities local authorities frequently unable cope bringing federal law area congress aim reshape robbery altering definition crime contrary congress chose language practically jumped blackstone commentaries whoever force violence putting fear feloniously takes feloniously attempts take person presence another property money thing value belonging care custody control management possession bank shall fined imprisoned twenty years act may ch stat soon became apparent however legislation left gap reach thief intentionally though violently stole money bank within years federal law enforcers endeavored close gap letter speaker house attorney general conveyed executive branch official position fact statute limited robbery include larceny burglary led incongruous results see reprinting letter particular attorney general cited example thief apprehended taking bank teller temporarily absent therefore asked congress amend bank robbery statute specifically add larceny provision shorn force violence fear requirement congress responded passing act amend bank robbery statute include burglary larceny act ch stat act new larceny provision congress placed section robbery provision punished whoever shall take carry away intent steal purloin property money anything value bank ibid slightest sign new larceny provision proposed terms tracking formulation attorney general advocated change definition robbery larceny plus something less sign congress meant order change act left place act definition bank robbery continued include word feloniously requiring concedes ante proof government intent steal stat codification federal crimes congress delineated bank robbery larceny provisions placed provisions title bank robbery incidental crimes act june stat codification congress deleted word feloniously robbery provision leaving statute substantially present form ii deletion forms basis government prime argument characterizing lesser included offense namely robbery unlike larceny longer requires specific intent steal government concedes gain conviction robbery common law prosecutor prove perpetrator intent steal government therefore acknowledges congress uses terms rob robbery without elaboration congress intends retain meaning robbery brief government contends removal feloniously showed congress purpose dispense requirement intent steal true larceny provision contains words intent steal current robbery provision comparison called schmuck rigid require compared statutes contain identical words schmuck counsel deviation traditional practice interpreting federal criminal statutes consistently origins absence affirmative congressional indication contrary guided historical understanding relationship robbery larceny common law brought federal criminal code conclude offense bank robbery like offense bank larceny always included continues include requirement intent steal traditional reading robbery statute makes common sense government agrees convicted robbery defendant must resort force violence intimidation accomplish purpose purpose steal government describes two scenarios maintains person commit bank robbery nonetheless lacking intent steal one scenario involves terrorist temporarily takes bank money property aiming disrupt bank business involves unable cope life free society robs bank wants apprehended returned prison brief government point cases involving terrorist scenario know none illustrate scenario government cites lewis appears reported federal case presenting staged situation facts lewis case relies heavily see ante strange say least hoping sent back prison receive treatment alcoholism time pursue writing hobby lewis called local detective informed intention rob bank also discussed felonious little plans police chief undercover police officers psychologist ibid even allowed picture taken posted local banks identification ibid following heist lewis arrested bank outer foyer officers surveillance sure whether defendant exhibiting kind bizarre behavior fact deemed lack specific intent steal tenth circuit note determined specific intent present lewis jury charged duty infer conflicting evidence defendant intent concluded lewis arrested kept money spent whatever proper disposition sort case extremely rare government represents nationwide indictments brought per year brief moreover unlike john dillinger foils state enforcers robbing banks chicago lying low south bend thief orchestrates capture hands local constable hardly poses kind problem one normally expect trigger federal statutory response sum resist notion apparently embraced see ante congress purpose deleting word feloniously grant homesick like lewis wish return prison credit suggestion congress concern cover government fictional terrorist frustrated account holder withdraws force violence believing money rightfully thrill seeker holds bank intent driving around block getaway car returning loot defendant whose exploits seldom encountered outside pages law school exams indeed cause suspect deletion feloniously intended effect substantive change nothing indicates congress removed word response assertion perception prosecutorial need reason believe congress design alter elements offense robbery rather legislative history suggests congress intended make changes phraseology see prince legislative history indicates substantial change made revision morissette revision intended create new crimes recodify third circuit recognized seems deletion feloniously result congress effort delete references felonies misdemeanors code inasmuch terms defined statute since mosley see also richardson giving account revision attribute congress design create robbery offense stripped requirement larcenous intent absence affirmative indication decision prince supports conclusion petitioner case entered bank displayed revolver robbed bank convicted robbery entering bank intent commit felony crimes prohibited trial judge sentenced consecutively years robbery years crime reversed sentencing decision crime held merges robbery crime latter crime consummated thus explained punishment exceed years sentence authorized consummated robbery reaching decision prince noted federal bank robbery proscription enlarged add larceny provisions manifestly purpose congress establish lesser offenses stated heart entering crime intent steal mental element merges completed crime robbery consummated prince thus conveys comprehension intent steal central entry larceny crimes robbery well wells relied ante point case held offense making false statement federally insured bank include requirement materiality reached holding concluding defendants case come close showing common law term false statement acquired implication materiality came indeed defendants made claims settled meaning false statement common law ibid moreover held congress codify crime perjury comparable crimes simply consolidated statutory provisions relating financial institutions create single regulatory offense ibid three provisions observed contained express materiality requirements lost course consolidation fact inferred congress deliberately dropped term materiality without intending materiality element contrast clear congress aim codify offenses bank robbery bank larceny intent steal element robbery brought via word feloniously congress deletion word intended substantive effect much less dispense requirement intent steal accepted government argument concerning intent steal goes agree government robbery unlike larceny require defendant carry away property intent steal historical linkage two crimes reveals error true includes phrase takes carries away says takes crimes however included asportation requirement common law see supra indeed text maintains must primary focus lesser included offense analysis mirrors language common law quite precisely common law larceny typically described crime involving taking carrying away see blackstone helpfully reminding us cepit et asportavit old robbery hand often defined somewhat undetailed language lafave scott made mention carrying away see blackstone nevertheless consistently interpreted encompass element asportation overlooks completely feature terminology note moreover asportation requirement common law extremely modest one even slight movement see lafave scott russell greaves crimes misdemeanors text thus tracks common law conclusory statement notwithstanding nothing evolution statute suggests congress adopted different view ante deliberately away minimal asportation requirement prosecutions bank robbery hold therefore crimes continue contain asportation requirement finally concludes value exceeding requirement first paragraph element offense described paragraph agree conclusion reasoning support see ante bears emphasis however lesser degree bank larceny defined second paragraph contains dollar value element even arguably impeding classification lesser included offense bank robbery government contend value exceeding component paragraph element misdemeanor offense contention make scant sense surely congress intend defendant charged lower grade bank larceny successfully defend charge showing stole words defendant commits larceny without exhibiting distinguishing characteristics robbery force violence intimidation necessarily committed least lesser degree larceny whether taken schmuck defendant charged bank robbery violation barred matter law obtaining jury instruction bank larceny defined second paragraph see reason defendant charged bank robbery securely encompasses lesser included offense statutory equivalent petit larceny automatically denied instruction statutory equivalent grand larceny wants one clear petit grand larceny two grades offense common law see blackstone petit grand larceny considerably distinguished punishment otherwise earlier explained supra robbery common law aggravated form single offense one key purposes schmuck elements test allow easy comparison two discrete crimes see purpose frustrated element exists distinguish culpable less culpable grade crime sufficient prevent defendant getting lesser included offense instruction culpable grade therefore hold defendant charged felony bank robbery barred matter law requesting receiving instruction describing lesser included offense felony grade bank sure request defendant instruction covering higher grade bank larceny tantamount waiver right notice indictment value exceeding element see stirone fifth amendment requires government get grand jury indictment may prosecute felony constitutional requirement notice likely prevent prosecution obtaining instruction without defendant consent limit asymmetry however unusual circumstance presented element serves distinguish culpable less culpable grade crime less culpable grade turn lesser included offense crime charged sum hold defendant charged bank robbery defined barred matter law obtaining jury instruction bank larceny defined reaching opposite conclusion gives short shrift origin statutory evolution woodenly literal construction gives rise practical anomalies see supra effectively shrinks jury choices enlarging prosecutor options dissent footnotes granted certiorari mosley address issue resolve today mosley dismissed petition case upon death petitioner per curiam lesser offense schmuck meant lesser terms magnitude punishment elements lesser offense subset elements charged offense lesser offense attains status lesser included offense defendant must also satisfy independent prerequisite evidence trial jury rationally find defendant guilty lesser offense yet acquit greater schmuck light holding petitioner fails satisfy elements test need address latter requirement case dissent claims decision wells point went wells discuss evolution statute specifically recodification numerous sections revealed congress apparent care retaining materiality requirement certain sections omitting others one us wells according dissent similar statutory evolution present see post even assuming dissent correct latter regard holding wells simply deemed rest discussion statute evolution rather characterized discussion supporting result already reached textual grounds see statutory history confirms natural reading congress simply punished robbery larceny done congress done elsewhere see thereby leaving definition terms common law congress instead followed prevalent legislative practice spelling elements crimes see lafave scott substantive criminal law interpretive principle exists quite apart canon imputing meaning see video similar dissent claims lewis determined jury found specific intent steal facts presented thus disputes characterization case illustrating situation defendant acts general intent post citing lewis dissent fails acknowledge however lewis made determination evidence suggested defendant arrested kept stolen money ibid lewis implicitly acknowledging possibility defendant lewis might unconditionally intend turn completing bank theft proceeded hold alternative covers defendant acts general intent see ibid numerous courts appeals agree holding version bank robbery specific intent crime courts construed statute contain general intent requirement see gonyea collecting cases relatedly carter argues even sensible congress might deleted feloniously congress adequately explain intention legislative history act points house report congress intended make changes phraseology carter suggests phraseology concern feloniously congress codification generally desired delete references felonies misdemeanors view statutory definition terms former carter fails however acknowledge house report give reason deletion feloniously even though explicitly connection simultaneous elimination similar language sections see supra references offenses felonies misdemeanors omitted view definitive section title explaining revisions often case legislative history even relevant supports conflicting inferences provides scant illumination carter claims support prince view implicitly requires specific intent steal prince discuss elements subsection let alone compare elements subsection footnotes note dispute today holding double jeopardy clause bar government bringing bank larceny prosecution defendant already acquitted indeed convicted jury bank robbery facts see blockburger double jeopardy clause bar consecutive prosecutions single act charged offense requires proof element tr oral arg response inquiry counsel government stated government construction jury acquitted defendant indictment bank robbery open prosecution thereafter seek defendant reindictment bank larceny majority says courts may use statutory title heading shed light ambiguous word phrase guide statute overall meaning see ante cases never imposed wooden arbitrary limitation good reason statute meaning elusive title illuminating even pinpoint discrete word phrase source ambiguity english courts continue recognize larceny lesser included offense robbery see regina skivington crim app arceny ingredient robbery honest belief man claim right defence larceny negatives one ingredients offense robbery enactment theft act consolidated crimes larceny embezzlement fraudulent conversion single crime theft see director public prosecutions gomez crim app lord lowry dissenting english courts reaffirmed theft remains lesser included offense robbery see regina guy crim app section theft act makes clear robbery theft additional ingredient namely use force putting seeking put person fear subjected force therefore anyone guilty robbery must statutory definition also guilty leading commentators agree larceny lesser included offense robbery see lafave scott robbery may thought aggravated larceny wright federal practice procedure ed robbery necessarily includes larceny notably read requirement intent steal even provision contain words ante various classes federal felonies misdemeanors defined congress provided affirmative indication number ways simplest say statute shall defense accused person lacked intent steal cf criminalizing embezzlement judicial officers providing shall defense accused person interest embezzled moneys fund instruct jury common elements grades bank larceny add order return conviction higher grade jury must also find value stolen property exceeded see tr oral arg sand siffert loughlin reiss modern federal jury instructions issue valuation considered jury determined defendant guilty type bank larceny within meaning section