Does possession of cocaine base constitute an element of the crime?

1 This appeal does not present the issue whether identity of the substance cocaine base is an element of the crime. Possession of cocaine base was charged in the indictment and found by the jury. The majority opinion therefore correctly avoids any ruling on that question. The majority's conclusion that quantity is a sentencing factor does not dictate a similar result for identity of the substance. See United States v. Michael, 10 F.3d 838, 842 (D.C.Cir.1993) (concluding that identity of substance is element of the crime but not addressing quantity, governed by "quite different" statutory language).