Read the following excerpt from a US court opinion:
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of the United States which relates to the subject matter as to which the witness has testified.” (emphasis added)). Third, Mr. Frederick offers nothing to rebut the government’s statement to the District Court that it had fully complied with its obligations under Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), so we would be hard-pressed to say that the District Court abused its discretion by relying on those representations as true. Fourth, the Federal Rule of Evidence 404(b) violations alleged by Mr. Frederick involved criminal activities inextricably intertwined with the criminal conspiracy and therefore not governed by the requirements for admission of evidence under Rule 404(b). See United States v. Foster, 889 F.2d 1049, 1054-55 (11th Cir.1989) . Finally, Mr. Frederick impeached the
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What is the most suitable continuation to the opinion? Your options are:
A. holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators
B. holding that defendant was not entitled to buyerseller instruction in drug conspiracy prosecution given evidence that defendant played numerous roles in the conspiracy and that massive amounts of cocaine were involved
C. holding that in certain circumstances where a defendant is convicted of a charge alleging a conspiracy to distribute one drug or another he must be sentenced as if the conviction were only for a conspiracy involving the drug that triggers the lowest statutory sentencing range
D. holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute
E. holding that evidence of specific uncharged drug trafficking offenses were not extrinsic to prosecution for conspiracy to possess and distribute cocaine where the events occurred within the time period of the alleged conspiracy and were demonstrative of the conspirators conduct
Reply with [A, B, C, D, E] only.