Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge:
Appellant was indicted under 21 U.S.C. § 841(a) for "possession with intent to distribute a controlled substance." Following a one-day bench trial, the district court acquitted appellant of this crime, but convicted him under the third sentence of 21 U.S.C. § 844(a) for "possession of cocaine base,"
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