Does a federal district court bar a man from a retrial for a felony murder charge after he was convicted on an attempted robbery charge in his first trial?

The federal district court held that the petitioner's retrial for felony murder after his conviction on the attempted robbery charge in his first trial was barred by the Fifth Amendment protection against double jeopardy. The court relied almost exclusively on its determination under the rule of Brown v. Ohio, supra, 432 U.S. 161, 97 S.Ct. 2221 that attempted robbery and felony murder were the same offenses and thus the second prosecution for felony murder was barred.

While the facts of United States ex rel. Paul v. Henderson, supra, 535 F.Supp. 677 are substantially the same as the facts here, the precedential value of Paul to

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