Kelly v. Commonwealth

*254UPON A REHEARING EN BANC

HUMPHREYS, Judge.

This matter comes before the Court on a rehearing en banc from an unpublished panel decision rendered January 21, 2003. See Kelly v. Commonwealth, 03 Vap UNP 3100011, 2003 WL 139520 (2003). In that decision, a divided panel of this Court affirmed Kelly’s conviction for possession of marijuana with intent to distribute (in violation of Code § 18.2-248.1) , but reversed his conviction for importing narcotics into Virginia with intent to distribute (in violation of Code § 18.2-248.01) , finding the evidence insufficient, as a matter of law, to support…