MEMORANDUM OPINION AND ORDER
BABCOCK, District Judge.
The defendant is charged in a one count indictment with possession with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) and 18 U.S.C. § 2. In reliance upon the Tenth Circuit panel opinion in United States v. Singleton,
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