With no explanation, chose the best option from "A", "B", "C" or "D". felony distribution of cocaine base. Thus, the only charge in which the aggregation issue is relevant is the charge of conspiracy to possess with intent to distribute, in violation of 21 U.S.C. § 846. The court next observes that possession of cocaine base is not a lesser-included offense of conspiracy to possess cocaine base because the elements in a section 846 conspiracy to possess charge do not require proof of the defendant’s possession of cocaine base. See Patterson v. United States, 2005 U.S. Dist. Lexis 9529, at *21-22 (W.D.N.C. May 12, 2005) (noting that Fourth Circuit indicated in unpublished opinion that simple possession is not lesser-included offense of conspiracy to possess with intent to distribute); see also United States v. Colon, 268 F.3d 367, 377 (6th Cir.2001) (<HOLDING>). The Fourth Circuit, in United States v.

A: recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell
B: holding that possession with intent to distribute and simple possession are the same offense under blockburger
C: holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute
D: holding that a prior conviction for possession with intent to distribute cocaine is admissible under rule 609
C.