Court of Appeals for the Fifth Circuit November 22, 1982, 81-1111 (Enrique Tijerina v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent)

JOHNSON, Circuit Judge:

Sua sponte, the Court withdraws its prior opinion dated August 13,1982, 682 F.2d 504 (5th Cir.) (per curiam) and renders the following opinion.

Enrique Tijerina filed this habeas corpus proceeding seeking release from his confinement in the Texas Department of Corrections, which resulted from his conviction for the unlawful delivery of heroin.