VAN GRAAFEILAND, Circuit Judge:
Appellant, the penal custodian of appellee, Joseph Fournier, appeals from an order of the United States District Court for the Southern District of New York (Broderick, J.), which conditionally granted appellee's section 2254 petition for a writ of habeas corpus because the State trial judge gave a Sandstrom charge on the issue of presumed intent. See Sandstrom v. Montana,
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