With no explanation, chose the best option from "A", "B", "C" or "D". or non-constitutional error associated with a sentence issued under the applicable provisions of the Guidelines. Id. at 769. Since the Sixth Amendment is not implicated when a sentence is enhanced based on a prior conviction, id. at 756; Almendarez-Torres, 523 U.S. at 243-48, 118 S.Ct. 1219, the district court did not commit a constitutional error in enhancing Alvarez-Varela’s sentence. The district court did not commit a non-constitutional error because the district court sentenced Alvarez-Varela both under the then-mandatory Guidelines and independently, based on the statutory maximum provided by 8 U.S.C. § 1326(b), considering sufficiently the factors listed in 18 U.S.C. § 3553(a). See United States v. Knows His Gun, No. 04-30302, slip op. 1739, 1748-49 (9th Cir. Feb. 15, 2006) (<HOLDING>). Because we further conclude that the sentence

A: holding that a sentencing judge would commit a statutory error  if the judge failed to consider the applicable guidelines range  as well as the other factors listed in section 3553a
B: holding that there is no nonconstitutional error under booker where the district court sentencing in the alternative sufficiently considered the guidelines as well as the other factors listed in  3553a
C: holding that guidelines should be accorded the same weight as each other factor listed in  3553a
D: holding that even without booker constitutional error in the district courts application of the guidelines there could be nonconstitutional error where the court applied the guidelines in a mandatory fashion
B.