Read the following excerpt from a US court opinion:
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elements of the crime. Second, Manuel claims that there was insufficient evidence to convict him of felony murder because the jury could not have concluded beyond a reasonable doubt that Peterson was shot “in the perpetration of’ or “in the flight from the perpetration of’ the underlying felony of attempted sale of a controlled substance. Point One Manuel complains that Instruction No. 5, the verdict director for felony murder, failed to submit all of the essential elements of the crime. The State proffered the verdict director for felony murder, and Manuel’s counsel stated that he had no objection to the instruction. Manuel' thus concedes that his allegation of error regarding the instruction is not preserved for appellate review. State v. Vaughn, 11 S.W.3d 98, 105 (Mo.App.W.D. 2000) . He nonetheless requests that we review the
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What is the most suitable continuation to the opinion? Your options are:
A. holding that failure to object in a timely fashion to a magistrate judges report and recommendation generally constitutes a waiver of the defaulting partys right to appeal provided that the parties received clear notice of the consequences of their failure to object
B. holding that failure to brief an argument constitutes waiver
C. holding failure to brief argument constitutes waiver
D. holding that neither failure to object to an instruction nor an express statement of no objection to an instruction waive plain error review pursuant to rule 3020
E. holding that the failure to object to an instruction constitutes a waiver of error
Reply with [A, B, C, D, E] only.