I. Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previously convicted of possessing and distributing the same images that he was charged with producing in the instant case.

II. When the defendant is subject to a mandatory life sentence and the district court has no sentencing discretion, should the jury be instructed that if the defendant is convicted he would be sentenced to life imprisonment and would not be released on parole because there is no parole in the federal system.

Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previously convicted of possessing and distributing the same images that he was charged with producing in the instant case