Read the following excerpt from a US court opinion:
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guilty of some possession crime, the jury had a choice between convicting Hernandez of possession with intent to distribute or acquitting him. It is not possible to say with confidence that the jury chose the former option because the government met its burden. The jury may have decided that given the overwhelming evidence against Hernandez, it did not want to acquit him of that charge, and so chose the only other option available to it—conviction of intent to distribute methamphetamine. Eliminating the option of finding Hernandez guilty of simple possession from the jury’s province, under the circumstances of this case, substantially influenced the verdict and was not harmless error. The error of not giving the lesser included jury instruction on simple p Cir.1974) (per curiam) . 3 . See Turner v. United States, 396 U.S.
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What is the most suitable continuation to the opinion? Your options are:
A. holding that possession of the equivalent of 279 pounds of marijuana valued at 279000 dollars justified the district courts refusal to provide a lesser included instruction
B. holding that possession of more than seven tons of marijuana justified the district courts refusal to provide a simple possession instruction
C. holding that possession with intent to distribute and simple possession are the same offense under blockburger
D. holding that possession of more than thirtyfive pounds of cocaine valued at between 5 and 7 million ruled out a simple possession jury instruction
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.