Read the following excerpt from a US court opinion:
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as appellate courts in reviewing sufficiency challenges to such awards: (1) whether the plaintiff lost the esteem of his/her peers; (2) whether the plaintiff suffered physical injury as a consequence of her emotional distress; (3) whether the plaintiff received psychological counseling or other medical treatment; (4) whether the plaintiff suffered a loss of income; (5) the degree of emotional distress; (6) the context of the events surrounding the emotional distress; (7) the evidence tending to corroborate the plaintiff’s testimony; (8) the nexus between the challenged conduct and the emotional distress; and (9) any mitigating circumstances. Price, 93 F.3d at 1254 (citing Spence v. Board of Educ. of Christina Sch. Dist., 806 F.2d 1198, 1201 (3d C ., 375 F.3d 1228, 1233 (11th Cir.2004) . 9 . The DOT contended that Akouri did not
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What is the most suitable continuation to the opinion? Your options are:
A. holding that almendareztorres remains binding despite apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000
B. holding that the supreme courts opinion in reeves v sanderson plumbing prods inc 530 us 133 120 sct 2097 147 led2d 105 2000 does not require a pretext instruction to be given in employment discrimination cases and thus does not affect the holding in palmer
C. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 was not violated where the sentence did not exceed the applicable statutory maximum
D. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 did not overrule almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998
E. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 does not apply to a judges exercise of discretion within a statutory range so long as a defendants sentence is not set beyond the maximum term specified in the substantive statute
Reply with [A, B, C, D, E] only.