Read the following excerpt from a US court opinion:
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the problems here in Wash-ington D.C., in New York, in Detroit where I grew up, can be traced right back to [drug trafficking].” In Defendants’ view, the prosecutor perceived the jury “might be [uninterested in Colombia’s drug problems,” Defendants Br. 48, which led him to improperly tie the Colombian drug trade to the American drug problem, inviting the jury to act as the “community conscience.” To be sure, a suggestion that the jury act as the “community conscience” can constitute error. In United States v. Hawkins, our circuit warned it is improper to “substitute emotion for evidence by equating, directly or by innuendo, a verdict of guilty to a blow against the drug problem.” 595 F.2d 751, 754 (D.C. Cir. 1978); see also United States v. Solivan, 937 F.2d 1146, 1151 (6th Cir. 1991) . This caution derives from Viereck v. United
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What is the most suitable continuation to the opinion? Your options are:
A. holding that statutory good time credits must be calculated under the law in effect at the time of resentencing after an appeal of the sentence is determined
B. holding that a notice of appeal filed when an appeal bond is required to perfect is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper without first affording an opportunity to correct the defective perfection of appeal
C. holding an appeal to the jury to act as the community conscience is improper when it is calculated to incite the passions and prejudices of the jurors
D. holding that an appeal is perfected when the appeal bond is filed
E. holding that a court may consider a theory raised for the first time in a posttrial brief unless it is precluded by the pleadings or it prejudices the opposing party
Reply with [A, B, C, D, E] only.