With no explanation, chose the best option from "A", "B", "C" or "D". 1084, 1091 (10th Cir.2009) (vacating sentence under § 2255 because failure to report escape predicate conviction did not qualify as a “violent felony” under the ACCA residual clause after intervening case law, Chambers v. United States, 555 U.S. 122, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009)). . The Circuits have split on whether to apply a miscarriage of justice analysis on habeas review where a conviction does not qualify as a “crime of violence” under the career offender provision of the sentencing guidelines. Compare Narvaez v. United States, 674 F.3d 621, 629 (7th Cir.2011) (vacating sentence below statutory maximum under § 2255 because conviction did not qualify as “crime of violence” for career offender enhancement, mandatory at the time of sentencing) with Sun Bear, 644 F.3d at 705 (<HOLDING>). Duval was sentenced as a felon-in-possession.

A: holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum
B: holding that misapplication of career offender enhancement in light of intervening case law not a miscarriage of justice because guideline range still within statutory maximum authorized
C: holding that a district court is entitled to disagree with the career offender guideline
D: holding that the misapplication of case law may not be reviewed
B.