Is a lesser-included-offense of an unconstitutional-statute authorized by federal-statute

QUESTION PRESENTED FOR REVIEW The state court of last resort does not recognize a “lesser included offense” of a wholly unconstitutional statue. In the appeals court, [Petitioner] contends that “a criminal court lacks jurisdiction to enter a conviction of a lesser included offense violating an unconstitutional statute.” Simmonds Br. 16. Contrary to his claim, a “court of appellate jurisdiction ... may remand [a case] and direct the entry of such appropriate judgment, decree, or order ... as may be just under the circumstance.” 28 U.S.C. § 2106. The Appellate Division has “appellate jurisdiction over the courts of the Virgin Islands.” 48 U.S.C. § 1613a (a). Appx. B at 4. Is the appeals court correct? Does 28 U.S.C. § 2106 or any federal statute authorize “a lesser included offense” of an unconstitutional statute, taken from another criminal code section not charged in the complaint, by a federal court noting its departure from the state court’s rule on the same statute? i