With no explanation, chose the best option from "A", "B", "C" or "D". (10th Cir.1993)). “[T]he application of an enhancement ... does not implicate the Supreme Court’s holding in Apprendi v. New Jersey.” United States v. Reyes-Vencomo, No. CR 11-2563 JB, 2012 WL 2574810, at *3 (D.N.M. June 26,. 2012) (Browning, J.). • The Tenth Circuit applies Apprendi v. New Jersey’s requirement that a fact be submitted to a jury only where the fact would increase a defendant’s sentence “above the statutory maximum permitted by the statute of conviction.” United States v. Price, 400 F.3d 844, 847 (10th Cir.2005). Accord United States v. Ray, 704 F.3d at 1314. A-defendant may. assert an error under Apprendi v. New Jersey only where the fact at issue increased his sentence beyond the statutory maximum. See United States v. O’Flanagan, 339 F.3d 1229, 1232 (10th Cir. 2003) (<HOLDING>); United States v. Hendrickson, 592 Fed.Appx.

A: holding apprendi is not implicated by an application of the sentencing guidelines that increases the sentencing range so long as the sentence imposed does not exceed the statutory maximum
B: holding that a defendant could not assert an error under apprendi v new jersey because his sentence does not exceed the statutory maximum
C: holding that there is no sixth amendment error when the sentence does not exceed the maximum authorized by facts the defendant admitted
D: holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 was not violated where the sentence did not exceed the applicable statutory maximum
B.