Is possession of child pornography a lesser-included offence?

Under federal law, "a defendant is entitled to a lesser-included offense instruction . . . only if (1) the elements of the lesser offense are a subset of the elements of the charged offense . . . and (2) the evidence at trial permits a rational jury to find the defendant guilty of the lesser offense and acquit him of the greater." United States v. Diaz, 176 F.3d 52, 101 (2d Cir. 1999) (internal citations omitted). Assuming again that the possession of child pornography is a lesser-included offense of

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