Haki Sekou A/K/A Robert Dominick v. Frank Blackburn, Warden, Louisiana State Penitentiary

JOHN R. BROWN, Circuit Judge:

In this appeal, we must determine whether an armed robbery conviction and a subsequent plea to felony-murder constitute two convictions for the same offense in violation of the Double Jeopardy Clause when the criminal activity underlying the murder charge includes a kidnapping in addition to the armed robbery. We must also determine whether the appellant was punished twice for the same offense in violation of the Double Jeopardy Clause when he was sentenced for felony-murder, since the murder was considered as an aggravating circumstance during his earlier…