Read the following excerpt from a US court opinion:
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after having been ordered or directed to do so. Under these circumstances, a defendant necessarily knows that failure to appear will “affect the judicial proceeding.” Aguilar, 515 U.S. at 599, 115 S.Ct. 2357. We have gone further and construed § 3146 as requiring a willful violation of a requirement to appear for a judicial proceeding. See, e.g., Weaver v. United States, 37 F.3d 1411, 1412-13 (9th Cir.1994) (“To establish a violation of 18 U.S.C. § 3146, the government ordinarily must prove that the defendant (1) was released pursuant to that statute, (2) was required to appear in court, (3) knew that he was required to appear, (4) failed to appear as required, and (5) was willful in his failure to appear.”); see also United States v. Smeaton, 762 F.2d 796, 797-98 (9th Cir.1985) . In this context, “[wjillfulness requires a
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What is the most suitable continuation to the opinion? Your options are:
A. holding that willful failure to appear at sentencing supported obstruction of justice enhancement
B. holding that causation is an essential element in failure to warn claim
C. recognizing willful failure to appear as an essential element of the bailjumping offense
D. holding that failure to prove an essential element of an offense does not constitute fundamental error which may be raised for the first time on appeal
E. holding that failure to appear is also a continuing offense
Reply with [A, B, C, D, E] only.