Can a conviction for "using fire to commit a federal felony", under 18 U.S.C. § 844(h)(1), be predicated upon the conspiracy conduct element of a "conspiracy to commit arson", under 18 U.S.C. § 371, when it is legally impossible and absurd because "fire" cannot be "used" in an agreement (unless co-conspirators used smoke signals, or lanterns in a belfry)?

2.) Can a conviction for "using fire to commit a federal felony", under 18 U.S.C. § 844(h)(1), be predicated upon "arson" conduct in which fire was used, or upon the conspiracy's "overt act" (the same arson conduct) without posing an "obvious double jeopardy issue"?

Will the Supreme Court resolve a "Circuit Split" between the 8th Circuit (which allows such an § 844(h)(1) conviction) and the 1st, 5th, and 7th Circuits (which does not allow such a conviction) on these very questions?

In the alternative, if the Court does not provide habeas relief, would it consider relief via a Writ of Audita Querela dr Writ De Homine Replegiando under the All Writs Act?

Can a conviction for 'using fire to commit a federal felony' be predicated upon the conspiracy conduct element of a 'conspiracy to commit arson