With no explanation, chose the best option from "A", "B", "C" or "D". that “there is (1) error, (2) that is plain, and (3) that affects substantial rights.” United States v. Moriarty, 429 F.3d 1012, 1019 (11th Cir. 2005). “[I]f all three requirements are met, it is still within [our] discretion whether to correct the forfeited error.” United States v. Pielago, 135 F.3d 703, 708 (11th Cir. 1998). The ACCA carries a mandatory minimum sentence of 15 years’ imprisonment when a defendant has been previously convicted of a violent felony or a serious drug offense on three separate occasions. See 18 U.S.C. § 924(e)(1). In this case, Mr. McGowan had four ACCA-qualifying predicate offenses, and although the district court varied below the advisory guidelines range, it sentenced him to the stat States, 523 U.S. 224, 226-27, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) (<HOLDING>). See also United States v. Weeks, 711 F.3d

A: holding that the fact of prior convictions under  924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under  924e
B: holding that where a statute provides for an enhanced penalty based on a defendants prior conviction the fact of conviction is a sentencing factor to be determined by the court rather than a jury
C: 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
D: holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the sixth amendment
C.