Read the following excerpt from a US court opinion:
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is generally used there for purposes other than to describe offenses that are punishable under its provisions .... Specifically, the term ‘felony’ is primarily used in 21 U.S.C. § 802(13) to trigger statutory sentence enhancement for repeat offenders.” Id, Indeed, there is only one instance under the Controlled Substances Act where the term “felony” is used to describe a punishable offense, see 21 U.S.C. § 843(b) (1999) (making it unlawful to use a communication facility “in committing or causing or facilitating the commission of any act or acts constituting a felony under any provision of this subchapter”), and case law makes clear that only a felony under federal law satisfies the felony element of this offense. See, e.g., United States v. Baggett, 890 F.2d 1095 (10th Cir.1989) . We thus find the BIA’s rationale with respect
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What is the most suitable continuation to the opinion? Your options are:
A. holding that defendants conviction for possession of marijuana with intent to distribute which was classified as a misdemeanor under south carolina law was properly deemed a felony for career offender purposes because offense was punishable by up to five years imprisonment
B. holding that a defendants conviction for two possession of marijuana counts could not be supported by his possession of two marijuana cigarettes dropped from his hand and again for his possession of several packets of marijuana found in a nearby jacket during the same search
C. holding there was no violation of  843b where a telephone was used to obtain possession of marijuana since possession is only a misdemeanor not a felony under 21 usc  844a
D. holding second simple possession conviction was not an aggravated felony because it was not prosecuted as recidivist possession
E. holding that jurys failure to find the defendant guilty of possession of marijuana could not be reconciled with a verdict of guilty of possession of marijuana with intent to purchase
Reply with [A, B, C, D, E] only.