cert denied 135 S. ping and robbery charges. Defendant conten pate in Ct. 2858 (2015) the robbery and kidnapping, and thus the murder that occurred after the kidnan ping was over should not be charged to him under the felony-murder rule. to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged."27 EXAMPLE An airplane crashes at night in an isolated area. It is very cold and rescue is not likely until daylight, so the survivors break into a summer cottage and use the food and blankets in the cottage to comfort the injured and sustain themselves until help arrives. In this example, the necessity of breaking into the cottage is obvious and serves as a justification for breaking into the cottage. It is likely the survivors would openly admit what they had done, and the owner of the cottage would be assured of compensation for the damages. Law enforcement officers and the prosecutor would not consider criminal charges, and the matter would not receive further attention. While the common law recognized the necessity defense, and was thus incorpo rated into the law of most states, the existence of the defense in federal prosecutions is unclear. In United States v. Oakland Cannabis Buyers' Co-op, 532 U.S. 483, 490 (2001), the U.S. Supreme Court stated: "[Wle note that it is an open question whether federal courts ever have authority to recognize a necessity defense not provided by statute." There, the Court did not decide the question, simply holding that even if available, the necessity defense was incompatible with the Controlled Substances Act, and thus not available. A few lower federal courts have held that the defense