Harmless Error Found Where Jury Considered Less-included Offense

U.S. v. Wilson, 2007 WL 458007 (2/13/07)(unpub'd) - The trial court erred by allowing the jury to consider the lesser-included offense only after finding the defendant not guilty of the greater offense, rather than allowing such consideration after the jurors were unable to reach a verdict after "all reasonable efforts." But, the error is harmless because the defendant was not entitled to a lesser-included offense instruction.