With no explanation, chose the best option from "A", "B", "C" or "D". S.Ct. at 731-32, Marchetti v. United States, 390 U.S. 39, 58-60, 88 S.Ct. 697, 708-09, 19 L.Ed.2d 889 (1968) (refusing to impose such restrictions where statute evidenced Congressional intent that information obtained as a consequence of registration requirements be provided to interested prosecuting authorities). Defendant has also moved that either count 2 or 3 and either count 4 or 5 be dismissed as multiplex. In paragraphs 13 and 14 of his affidavit in support of the motion to dismiss, defendant paraphrases the indictment as follows: counts 2 and 4 charge defendant with possession of an unregistered firearm; counts 3 and 5 charge failure to register the firearm. Were this in fact the case, the indictment would be multiplex. Cf. Haynes, supra, 390 U.S. at 90-95, 88 S.Ct. at 726-29 (<HOLDING>). However, defendant’s paraphrase of the

A: holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime
B: holding that a conviction under the registration clause is not properly distinguishable from a conviction for failure to register for purposes of fifth amendment analysis
C: holding that rights in a government benefits program were not vested property for purposes of the takings clause of the fifth amendment
D: holding that a conviction vacated by operation of a state rehabilitative statute still constitutes a conviction for immigration purposes
B.