concurring:
In United States v. Promise, 255 F.3d 150, 168-86 (4th Cir.2001) (en banc), I separately stated my views as to the proper interpretation of 21 U.S.C. § 841, and I will not repeat those views here. The court disagreed with those views, and its interpretation of section 841 is now binding. Because that interpretation is the law of the circuit I concur in the court’s analysis of the errors allegedly committed by the district court. Additionally, but only because Martinez faced imprisonment for a term of 140 years even absent Count One, I also concur in the court’s conclusion that Martinez has failed to carry his burden of showing that his substantial rights were affected by the district court’s errors.