Larry P. Thomas v. Terry Morris

*365HANSON, Senior District Judge.

Thomas appeals the district court’s dismissal of his habeas corpus petition, asserting that a trial court’s vacation of his previously commuted sentence is an inadequate remedy for the double jeopardy violation he suffered. He alleges that his continued confinement under a related sentence subjects him to further violation of the double jeopardy clause. For the reasons discussed below, we reverse the district court’s decision and remand in accordance with our opinion.

I

Thomas was convicted of first degree felony-murder and of attempted robbery in the first degree…