With no explanation, chose the best option from "A", "B", "C" or "D". GRANTING MOTION TO VACATE CONVICTION PURSUANT TO 28 U.S.C. § 2255 GADOLA, District Judge. A. Petitioner’s § 2255 Motion Petitioner was convicted of conspiracy to distribute controlled substances, use of a fir (E.D.N.C. 1996) (<HOLDING>), and Mixon v. United States, 926 F.Supp. 178

A: holding that defendant may be subject to death penalty on resentencing
B: holding that resentencing is required
C: holding that constitution and courts jurisdiction allow for twolevel increase on resentencing
D: holding that courts limited jurisdiction precludes twolevel increase on resentencing
C.