discussed Cited as authority (rule) Thompson v. Hooper The Magistrate Judge noted that it was immaterial for double jeopardy purposes that the two offenses arose from the same course of conduct, so long as the offenses were in fact distinct.21 The Magistrate Judge found that Petitioner is not entitled to relief on this claim because aggravated incest and sexual battery are distinct offenses under Louisiana law, with each including at least one element missing from the other.22 Second, the Magistrate Judge addressed Petitioner’s claim that there was insufficient evidence to support his conviction of attempted sexual battery.23 The Magistrate Judg…