United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Filed July 13, 1999
United States of America,
Horace L. Davis,
On Appellant's Petition for Rehearing
A.J. Kramer, Federal Public Defender, and Neil H. Jaffe,
Assistant Federal Public Defender, were on the supplemental
brief of appellant.
Wilma A. Lewis, U.S. Attorney, John R. Fisher and Eliza-
beth Trosman, Assistant U.S. Attorneys, were on the supple-
mental brief of appellee.
Before: Randolph, Rogers, and Tatel, Circuit Judges.
Opinion for the Court filed Per Curiam.
Per Curiam: In United States v. Crowder, 141 F.3d 1202
(D.C. Cir. 1998) (Crowder II), the court, sitting en banc,
affirmed Davis's conviction.1 Davis now seeks rehearing on
three grounds. The en banc court referred Davis's petition
to the panel. For the following reasons, we deny the petition.
Davis first contends that Officer Farmer's testimony at
trial and his testimony at the suppression hearing were in
conflict and that the district court therefore should have
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USA v. Davis Horace L.
permitted Davis to introduce the suppression hearing tran-
script into evidence.
At the suppression hearing, when asked where he filled out
the buy report, Farmer stated that he filled it out at the
Defense counsel: "That's something [the buy report] you
filled out back at the station, right?"
Defense counsel never asked Farmer whether he filled out
every section of the buy report at the station. Later at trial,
Farmer gave more specific answers, testifying that he filled
out most of the report at the station but filled out the clothing
description at the scene before the police arrested Davis.
Also at trial, Farmer explained on redirect that he filled out
the clothing description on the scene so that "if the arrest
team asked me again what was the clothing description, I
have it written down so I can remember it better and I