When processing a TCP segment, data is removed from the head or the tail. The test whether a segment has no data on it, should depend on the status of the TCP before the removal. Without this, received segments might be used to trigger a fast retransmit when they should not.
This will fix another instance of the sent too much panic experienced by syzkaller. Based on the ddb output a packetdrill reproducer was constructed.
Reported by: syzbot+fc97a2b5a0f7ea161161@syzkaller.appspotmail.com