Algar Ferguson v. Judge James A. Knight, and David L. Armstrong

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, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), there was sufficient evidence for a rational jury to find the requisite intent to “traffic” in the marijuana discovered with Mr. Ferguson at the time of his arrest. We thought it significant, in…