Read the following excerpt from a US court opinion:
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procedural default arguments are rejected and the Court finds the merits of the petition ripe for review. A status and scheduling conference will be scheduled to establish the further procedure of the case. An appropriate order follows. ORDER AND NOW, this 17th day of February 2009, it is hereby ORDERED that a telephone status and scheduling conference is SCHEDULED for Tuesday, March 24, 2009 at 10:30 a.m. Petitioner’s counsel shall initiate the call to Chambers at 215-597-4073 when all parties are on the line. AND IT IS SO ORDERED. 1 . In the imposition of the death penalty, the jury found two aggravating circumstances: (1) the murder victi osecutor’s argument did not violate Caldwell, and reinstated the death sentence. Commonwealth v. Beasley, 524 Pa. 34, 568 A.2d 1235 (1990) . 3 . Petitioner filed a timely petition for
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed
B. holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings
C. holding the prosecutions remarks did not lessen the jurys sense of responsibility as the ultimate arbiter of the sentence to be imposed
D. recognizing that the sentence imposed should be consistent with the protection of the public
E. holding that the defendants sentence did not violate apprendi where the actual sentence imposed did not exceed the maximum penalty corresponding to the quantity of drugs for which the defendant acknowledged responsibility nor was the sentence at the bottom end of a higher statutory range of penalties
Reply with [A, B, C, D, E] only.