COLEMAN, Circuit Judge.
On September 16, 1968, this appellant was indicted by a state grand jury for the sale of marijuana. As charged, the offense upon conviction would have carried a maximum penalty of confinement for not less than five years nor more than life.
Mistrot, however, had twice previously been convicted of a felony. Under Article 63 of the Texas Penal Code this made him liable to a mandatory life sentence if appropriately charged and convicted...
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