With no explanation, chose the best option from "A", "B", "C" or "D". which the defendant pleaded guilty.” Freeman, 131 S.Ct. at 2697. If the plea agreement “does not indicate the parties’ intent to base the term of imprisonment on a particular Guidelines range subsequently lowered by the Commission, then § 3582(c)(2) simply does not apply.” Id. at 2699, fn. 5. It is Justice Sotomayor’s concurring opinion in Freeman that is controlling and represents the holding of the Court. See United States v. Thompson, 682 F.3d 285, 290 (3rd Cir.2012) (“We therefore conclude, as has every other circuit to consider the question, that, because Justice Sotomayor’s opinion [in Freeman ] is narrower than Justice Kennedy’s, it expresses the holding of the Court.” (citations omitted)). See also Gregg v. Georgia, 428 U.S. 153, 169, n. 15, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976) (<HOLDING>). Unlike the plea agreement in Freeman, which

A: holding of fragmented court may be viewed as that position taken by those members who concurred in the judgment on the narrowest grounds
B: holding that a dismissal on limitations grounds is a judgment on the merits
C: holding that when a fragmented court decides a case and no single rationale explaining the result enjoys the assent of five justices the holding of the court may be viewed as that position taking by those members who concurred in the judgments on the narrowest grounds
D: holding of the court is the position taken by member who concurs in the judgment on the narrowest grounds
D.