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Fix packet fragmenter so it doesn't request acl sizes unless it's actually an ACL packet
During the startup process, commands are sent before the ACL sizes are fetched.
With the change that we now assert the acl sizes are fetched when you request
them from the controller, the assertion was being triggered during that phase.
When I was rebasing the waiting changes and also making the assertion change,
I should have been more careful to test this. mea culpa
Also simplifies that code path just a bit.