Can Wustrack appeal against his conviction on Count 2 of a charge of possession with intent to distribute cocaine?

Wustrack argues, however, that because the government charged him with both distribution and possession, his conviction on Count 2 must be reversed. We disagree. "[U]nder 21 U.S.C. Sec. 841(a)(1), distribution and possession with intent to distribute merge when the possession is a step toward the accomplished distribution." United States v. Ray, 731 F.2d 1361, 1368 (9th Cir.1984). Thus, even assuming there was insufficient evidence to show Wustrack had possession of the cocaine, his conviction on Count 2 can be sustained because there was ample evidence to convict him of distribution.