With no explanation, chose the best option from "A", "B", "C" or "D". Two through Five. His convictions on those counts are thus final and not part of this appeal. 4 . The government did not present evidence at trial that Juarez-Gomez had personally leased the trailer. This evidence was only tendered at the sentencing hearing and thus is not considered in the sufficiency of the evidence analysis on Counts One and Six. 5 . The record reflects that the government presented evidence at trial sufficient to permit the jury to draw a reasonable inference that Juarez-Gomez stayed at the trailer overnight. T 858, 864 (4th Cir.2012) (unpublished) (affirming a defendant’s sentence when the district court did not sua sponte consider his status as a deportable alien at sentencing); United States v. Kiss-Velasquez, 449 Fed.Appx. 634, 637 (9th Cir.2011) (unpublished) (<HOLDING>); United States v. Arroyo Mojica, 131 Fed.Appx.

A: holding that this court does not review decisions of a district court not to depart downward unless the record reflects that the district court was not aware of or did not understand its discretion to make such a departure
B: holding that trial court did not err
C: holding that a district court did not err in concluding that the defendant was not entitled to a downward departure due to his status as an alien subject to removal
D: holding that district court did not err in concluding after an evidentiary hearing that the immunity agreement between defendant and the government did not extend to the charge being prosecuted
C.