Rehearing and Rehearing En Banc Denied June 23, 1976.
THORNBERRY, Circuit Judge:
The United States District Court for the Western District of Texas denied appellant Alvarez's application for writ of habeas corpus under 28 U.S.C. § 2254.
Alvarez was originally charged in a two count indictment with possession and sale of heroin. The prosecution abandoned the possession count of the indictment and the case was submitted to the jury on the sale ...
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