Whether the Double Jeopardy Clause of the Fifth Amendment precludes a defendant from being convicted of two separate offenses arising from the same criminal transaction

No question identified. : application complies with Rules 13.5 and 30.2 because it is being filed more than ten days before the petition is due. This Court has jurisdiction over the case pursuant to 28 U.S.C. § 1254(1). 1. Mr. Sanders was arrested in October 2010 and charged with the kidnapping and murder of L.R., a minor. See United States v. Sanders, Dist. Ct. Case No. (W.D. La.), Dkt. 1. Following filing of a superseding indictment (Dist. Ct. Dkt. 24), the government noticed its intent to seek the death penalty (DC Dkt. 73). A capital jury trial ensued in August and September of 2014. (Dist. Ct. Dkt. 251-324.) The jury convicted Mr. Sanders and recommended a sentence of death, which the district court imposed. (Dist. Ct. Dkt. 298, 328, 326, 331.) After post-trial motions were denied (Dist. Ct. Dkt. 352), Mr. Sanders filed a timely notice of appeal (Dist. Ct. Dkt. 353). See United States v. Sanders, Appeal No. 15-31114 (Fifth Cir.). 2. The appeal challenged Mr. Sanders’s competency to stand trial and raised various issues concerning the validity of his convictions and death sentences, including regarding jury composition and selection; the sufficiency of the evidence; prejudicial penalty phase evidence; prosecutorial misconduct; double jeopardy violations; and the constitutionality of the Federal Death Penalty Act. (Ct. App. Dkt. 205.) Oral argument was heard by the Court of Appeals for the Fifth Circuit on March 2, 2020. (Ct. App. Dkt. 227.) 3. On December 23, 2024, President Joseph R. Biden, Jr. issued an executive grant of clemency, commuting Mr. Sanders’s death sentences to life imprisonment without the possibility of parole. (Dkt. 400.) 4, On March 27, 2025, the Court published an opinion affirming in part and reversing in part, determining that one of Mr. Sanders’s two convictions should be vacated on double jeopardy grounds. Although Mr. Sanders’s case was no longer a death penalty case, thanks to President Biden’s clemency action, the Court decided all the death penalty issues raised in the appeal. See