Read the following excerpt from a US court opinion:
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of 9-mm ammunition. In response to Israel’s objections to the presentence report, the probation officer noted that the search also resulted in the seizure of video-surveillance equipment and $1,047 in cash. The district court found that Israel possessed the firearms in connection with drug trafficking, noting that there had been a number of controlled buys from Israel, that he was in possession of cocaine when the search warrant was executed, that the firearms were hidden, that there was “a lot” of ammunition, and that scales and other indicia of drug trafficking were found. The district court expressed concern about Israel’s possession of a firearm with a large capacity magazine: “I really don’t know why anybody would have one of those for any reason.” See Taylor, 648 F.3d at 433 . Israel argues that the temporal remoteness of
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What is the most suitable continuation to the opinion? Your options are:
A. holding that when determining prejudice under the objective test relevant considerations include 1 whether the extrinsic evidence was received by the jury and the manner in which it was received 2 whether it was available to the jury for a lengthy period of time 3 whether it was discussed and considered extensively by the jury 4 whether it was introduced before a jury verdict was reached and if so at what point during the deliberations and 5 whether it was reasonably likely to affect the verdict considering the strength of the governments case and whether the governments case outweighed any possible prejudice caused by the extrinsic evidence
B. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense
C. holding that the type of firearm and whether it is loaded are also considerations
D. holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used
E. holding that a relevant factor to consider in determining the applicability of the fortress theory is whether the type of firearm found in that case an automatic assault rifle is one that is commonly used by drug dealers
Reply with [A, B, C, D, E] only.