Norwood

ORDER AND AMENDED OPINION

ORDER

The opinion filed on February 17, 2010 is amended as follows:

On slip opinion page 2510, the first sentence of the second paragraph at Headnote [4] is deleted, and replaced with the following: “In sum, we are convinced beyond any reasonable doubt on the basis of all the remaining evidence adduced at trial that the jury would have convicted Nor-wood on the elements of the possession with intent to distribute offense regardless of the challenged affidavit.”

With this amendment, the panel has unanimously voted to deny the petition for panel rehearing. Judges Tallman and M. Smith have voted to deny the petition for rehearing en banc, and Judge Reavley has so recommended.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. Fed. RApp. P. 35.

The petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing may be filed.

OPINION

In this appeal, DefendanL-Appellant Robert L. Norwood challenges his jury conviction for possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and possession of a firearm…