against turning a single transaction into multiple offenses.”) (footnote omitted). 12 . Cooper argues that the government’s theory throughout the trial was that Cooper had leased the Lounge to Rosaline Pamela Campbell, known as Jamaica Pam; consequently, according to Cooper, only one offense had been violated — the act of executing one lease. In contrast, the government asserts that its theory was that Cooper had made the unit available on at least six occasions and received compensation each time; consequently, Cooper was guilty of multiple crack house violations. Our review of the record indicates that the government focused on "making the Lounge available” as opposed to merely leasing it. 13 . See, e.g., Whalen v. United States, 445 U.S. 684, 100 S.Ct. 1432, 63 L.Ed.2d 715 (1980) (<HOLDING>); Simpson v. United States, 435 U.S. 6, 98
holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime holding that the crime of rape is a lesser included offense of the crime of felony murder in the perpetration of rape and that since the latter crime included all of the elements of the former consecutive sentences were therefore improper holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense holding that the determination whether a crime is a necessarily included lesser offense of another crime is made by examining the elements of the crimes that must be proved in order to sustain a conviction