Whether the district court violated the defendant's Fifth Amendment double jeopardy rights by placing him back in jeopardy under a lesser-included 'attempt' charge after the government conceded actual innocence and the court terminated jeopardy on the substantive offense

QUESTION PRESENTED . As a Matter Of Public Importance a In light of the Tenth Circuit Court of Appeals’ recent finding that “the District Court erred" concerning when jeopardy attached at trial, : the Supreme Court is needed to réview consequences of a manifest : constitutional error, by deciding the question: . After the Government Concedes To Actual Innocence With Jeopardy Attached, and The District Court Terminates Jeopardy In the Substantive Offense Over Defendant's Objections, Can the District Court, Then, By Erroneously Characterizing That : Action As a "Pre-Trial Dismissal", Place Defendant Back Into ; Jeopardy Under the Lesser Included "Attempt Portion” Of That Same Count, In Conflict With the "Discrete Bases Of Liability" Rule Under Sanabria v. United States, 437 U.S. 54 (1978), Without Denying His Fifth Amendment Guarantees? | “ OR, in the alternative, the Honorable Circuit Justice is needed to issue a Certificate Of Appealability. . ii