Larry Lee Bledsue v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

JERRY E. SMITH, Circuit Judge:

The state appeals the grant of habeas corpus relief to Larry Bledsue, who had been convicted in state court of intentionally and knowingly possessing 28 or more but less than 400 grams of amphetamine. Concluding that the district court properly entertained the claim, we nevertheless disagree with its conclusion that the evidence adduced at trial was constitutionally insufficient to convict. Thus, we reverse the grant of habeas corpus relief and deny Bledsue’s petition.

I

In July 1989, Bledsue was indicted for intentionally and knowingly possessing amphetamine in a…