Read the following excerpt from a US court opinion:
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related sentence. (Id.) In accordance with United States Supreme Court precedent, the Ninth Circuit recognizes that when a defendant has been convicted and sentenced on mulitiplicitous charges, “[t]he conviction as well as the sentence on one of the two mulitiplicitous counts must be vacated, to ‘avoid both the punitive collateral effects of multiple convictions as well as the direct effects of multiple sentences.’ ” United States v. Alerta, 96 F.3d 1230, 1239 (9th Cir.1996), overruled on other grounds by United States v. Nordby, 225 F.3d 1053 (9th Cir. 2000) (quoting United States v. Anderson, 850 F.2d 563, 569 (9th Cir.1988) and quoting United States v. Palafox, 764 F.2d 558, 564 (9th Cir.1985)); see also Rutledge v. United States, 517 U.S. 292, 116 S.Ct. 1241, 134 L.Ed.2d 419 (1996)  (internal citation omitted). Here, because the
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What is the most suitable continuation to the opinion? Your options are:
A. holding that proof of an overt act is not required in a  846 conspiracy
B. holding that the greater offense is  by definition the same for purposes of double jeopardy as any lesser offense included in it
C. holding that in the conviction and sentencing for criminal offenses committed in the course of one criminal episode it is the intent of the legislature that there be a separate conviction and sentence for each criminal offense unless one of the offenses is a degree of the other a necessarily included lesser offense subsumed in the other or both offenses are identical
D. holding that a guilty verdict on a  848 charge necessarily includes a finding that the defendant also participated in a conspiracy violative of  846 conspiracy is therefore a lesser included offense  we adhere to the presumption that congress intended to authorize only one punishment accordingly one of petitioners convictions as well as its concurrent sentence is unauthorized punishment for a separate offense and must be vacated
E. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense
Reply with [A, B, C, D, E] only.