Arreola

ORDER

The panel has decided to amend the opinion filed April 26, 2006. A substituted amended opinion is filed concurrently with this order.

With the filing of the amended opinion, the panel has voted to deny the petition for rehearing. Judge Thomas has voted to deny the petition for rehearing en banc, and Judge Wallace and Judge Hawkins so recommend.

The full court has been advised of the petition for rehearing en banc, and no active judge has requested a vote whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing is DENIED, and the petition for rehearing en banc is DENIED. No further petitions for rehearing or rehearing en banc will be allowed.

OPINION

In this appeal, we consider whether in using the phrases “possesses” and “uses or carries,” 18 U.S.C. § 924 (c)(1)(A) defines two offenses or two means of committing a single offense. We conclude that the statute defines one offense, and affirm the judgment of the district court.

I

Jose Arreola appeals his conviction for the use of a firearm during the commission of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c). The circumstances that led to his conviction began in April 2001,…