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FERGUSON v. KNIGHT

No. 85-5726.

809 F.2d 1239 (1987)

Algar FERGUSON, Petitioner-Appellant, v. Judge James A. KNIGHT, and David L. Armstrong, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1987.

Rehearing and Rehearing Denied March 11, 1987.

Attorney(s) appearing for the Case

Joseph R. Johnson (argued), Office of the Atty. Gen., Frankfort, Ky., for respondents-appellees.

Eldred E. Adams, Jr. (argued), Louise, Ky., for petitioner-appellant.

Before MERRITT, JONES and NELSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 11, 1987.

PER CURIAM, ON APPELLEES' PETITION FOR REHEARING.

Twice convicted in state court on charges of trafficking in marijuana, petitioner Ferguson sought federal habeas corpus relief in respect of his second conviction. We initially affirmed the denial of habeas relief, as reported at 792 F.2d 581, holding that under the test applied in Jackson v. Virginia,

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