With no explanation, chose the best option from "A", "B", "C" or "D". denied immunity at the 12(b)(6) stage to Joe Manchin III, then Governor of West Virginia, who had allegedly reacted to- political criticism from plaintiff Blankenship by directing state regulators to apply "tougher scrutiny” to Blankenship’s business affairs and work sites. Id. at 525-26. The case is distinguishable for that reason, 5 . W from our sister circuits. Those cases also fail to render it beyond debate that Governor Le-Page’s conduct violated the Speaker’s First Amendment rights. In the absence of "controlling authority”'from the Supreme Court or this court, the Speaker’s burden is to identify "a consensus of cases of persuasive authority” from our sister circuits. Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999); see also El Dia, 165 F.3d at 110 n.3 (<HOLDING>). Speaker Eves has not met that burden: the

A: 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
B: recognizing same factors
C: recognizing that among other factors the location and level of the precedent as well as its age are important factors in a qualified immunity analysis
D: recognizing these five factors
C.