Read the following excerpt from a US court opinion:
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whether the appeal is taken in good faith or is frivolous. Regardless of whether a defendant’s counsel or the district court determines that an appeal is frivolous, if the appellate court agrees, then no counsel is required to represent the client on the frivolous appeal. Rather, the obligation is upon counsel to withdraw from an appeal that is frivolous. Counsel may even be subject to sanctions for bringing a frivolous appeal. Fed. R.App. P. 38 ("If a court of appeals determines that an appeal is frivolous, it may ... award just damages and single or double costs to the appellee."). See also U.S. v. Spitzer, Case No. 06-CV00479,-Fed.Appx.-, 2007 WL 2376783 (11th Cir. 2007) (granting sanctions under Rule 38 when appeal was frivolous); U.S. v. Cooper, 170 F.3d 691 (7th Cir.1999) . 2 . Defendant, in her motion, relies on very
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What is the most suitable continuation to the opinion? Your options are:
A. holding rule 38 applies to frivolous criminal appeals as well as civil appeals
B. holding that court of appeals may adopt such waiver rule
C. holding that cr 60b applies to criminal as well as civil judgments
D. holding that state statute which re quired reimbursement of cost of criminal appeal transcript only by incarcerated persons violated the equal protection clause the statute would burden many appeals that were not frivolous and allow many that were so it did not serve the purpose of deterring frivolous appeals
E. holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals
Reply with [A, B, C, D, E] only.