OPINION
PER CURIAM:
Appellant was charged, by grand jury indictment, with the sale of a controlled substance "marijuana" in violation of NRS 453.161(4)(j) and NRS 453.321(2)(a)(1).
In this appeal from a denial of pre-trial habeas relief in the district court his basic contention is that he was, at most, only the agent of the purchaser and thus immune from prosecution under our decision in Roy v. State, 87 Nev. 517,
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