With no explanation, chose the best option from "A", "B", "C" or "D". the court and argument would not aid the decisional process. AFFIRMED IN PART; VACATED AND REMANDED IN PART. 1 . Prior to sentencing, Brown filed a sentencing memorandum in which he requested the district court consider reducing his sentence to account for the disparities in sentencing between crack cocaine and powder cocaine offenses. 2 . After Brown was sentenced in October 2007, the Supreme Court decided that "it would not be an abuse of discretion for a district court to conclude when sentencing a particular defendant that the crack/powder disparity yields a sentence ‘greater than necessary’ to achieve § 3553(a)’s purposes, even in a mine-run case.” Kimbrough, 128 S.Ct. at 575. Kimbrough thus abrogated this Court’s decision in United States v. Eura, 440 F.3d 625, 634 (4th Cir.2006) (<HOLDING>), vacated, -U.S.-, 128 S.Ct. 853,-L.Ed.2d -

A: holding that 1001 ratio cannot be the basis of a variance
B: holding that substantial downward variance was substantively unreasonable
C: holding that a defendants probation cannot be revoked solely on the basis of hearsay
D: recognizing that evidence may be legally insufficient where there is variance between indictment allegations and proof
A.