Read the following excerpt from a US court opinion:
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relevant price is the price at which the government could have bought the tape from other vendors. When Coker herself relies on theory to which the government “switched,” any “switch,” if it was impermissible, was not prejudicial. III Coker also objects to the manner in which her sentence was calculated, and asserts that she suffered ineffective assistance of counsel. We decline to address the merits of either argument because she has withdrawn her ineffective assistance claim and waived her sentencing objections. A In Coker’s first brief, her trial counsel, who continues to represent her on appeal (with Coker’s apparent approval), argued that his own performance at trial was constitutionally deficient. After the government pointed out that claims of ineffective ass 94 (10th Cir.2005) . The Fifth Circuit declared an attempt to
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What is the most suitable continuation to the opinion? Your options are:
A. holding that sentencing enhancements and sentencing departures are not synonymous and that a waiver for upward departures imposed by the court does not permit the challenging of sentence enhancements
B. holding that sentencing disparity produced by substantial assistance departures was intended by congress and is thus not a proper sentencing consideration under section 3553a6
C. holding that prior convictions are merely sentencing enhancements rather than elements of the offense
D. recognizing that sentencing guidelines may provide enhancements for mere possession of firearm during other offense
E. holding that adequate notice exists for upward enhancements for factors presently in the guidelines to allow an average defense counsel adequately to prepare for sentencing
Reply with [A, B, C, D, E] only.