With no explanation, chose the best option from "A", "B", "C" or "D". sentence has been imposed, upon motion of the government made more than one year after sentencing, a district court may reduce a defendant’s sentence based on substantial assistance if the defendant’s substantial assistance involved information: (1) not previously known to the defendant; (2) not useful to the government until more than a year after the defendant’s sentencing; or (8) the usefulness of which was not reasonably anticipated by the defendant, until more than one year after sentencing. Fed.R.Crim.P. 35(b)(2). We have held the government has “ ‘a power, not a duty, to file a motion when a defendant has substantially assisted.’ ” United States v. Forney, 9 F.3d 1492, 1500 (11th Cir.1993) (quoting Wade v. United States, 504 U.S. 181, 112 S.Ct. 1840, 1843, 118 L.Ed.2d 524 (1992) (<HOLDING>)). Where a plea agreement requires the

A: holding same in the flsa retaliation context
B: holding such in the context of ussg  5k11
C: recognizing fiduciary exception in the erisa context
D: recognizing that policy considerations and analytical framework in civil context are sometimes persuasive and instructive in criminal context
B.