Royal A. Every v. Frank C. Blackburn, Warden, Louisiana State Penitentiary

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In his petition for habeas relief under 28 U.S.C. § 2254, a Louisiana prisoner serving a life sentence for possession of heroin with intent to distribute alleges that the state trial court failed to consider discretionary alternatives when originally sentencing him in 1975 and again when resen-tencing him in 1980, thereby violating his right to due process. Finding evidence in the record that the state court judge was aware of sentencing alternatives when he resentenced Every in 1980, the federal district court dismissed the habeas petition without…