Shaffer

MEMORANDUM ***

In 2005, Defendant Suzette Shaffer and Ryan Frank kicked open the door to Robert Thompson’s home on the Ely Colony Indian Reservation in Nevada. Shaffer and Frank entered Thompson’s home, cornered him, and demanded $350 for the repayment of a loan from Amber Cardwell. Shaffer repeatedly poked Thompson in the chest, used profanities, and threatened him. Thompson said that he could not *454 repay the loan, and instead offered a key to a truck on Thompson’s property as “collateral” for repayment of the loan. Shaffer and Frank took the key, but neither accessed the truck; instead, it remained on Thompson’s property.

Shaffer was later charged with one count of robbery under 18 U.S.C. § 2111 , and one count of aiding and abetting under 18 U.S.C. § 2 . Shaffer requested that the district court instruct the jury that theft, as defined in 18 U.S.C. § 661 , is a lesser-included offense of robbery. The district court declined to do so, and Shaffer was convicted of both robbery and aiding and abetting. Shaffer now appeals the district court’s denial of her requested jury instruction.

Shaffer was entitled to an instruction on a lesser-included offense if the law and evidence…