With no explanation, chose the best option from "A", "B", "C" or "D". in the United States, after a conviction for a felony that is a crime of violence.” Corresponding official comments further explain that a “crime of violence” includes the attempted “burglary of a dwelling.” USSG § 2L1.2 cmt. nn.1 (B)(iii) & 5 (2004). Ibarra-Hernandez contends, however, that the district court had the requisite discretion to depart downward from this 16-level adjustment because the Sentencing Commission’s 2001 amendments changed the nature of § 2L1.2(b)(1)(A)(ii). Specifically, Ibarra-Hernandez points to Application Note 5 of the former version of USSG § 2L1.2, which allowed a sentencing court the discretion to depart only in situations where the factors explicitly enumerated in Application Note 5 existed. See USSG § 2L1.2 cmt n.5 (2000); Taylor, 286 F.3d at 306-07 (<HOLDING>). Ibarra-Hernandez argues that, when the

A: holding that a defendant must satisfy the enumerated criteria contained in application note 5 in order for the court to grant a downward departure
B: holding that constitutional claim must be fairly presented to state court in order to satisfy exhaustion requirement
C: holding that in order for insured to qualify for uim benefits there must have been a liability policy in effect um coverage does not satisfy this requirement
D: holding that to grant a new trial the error must be more than harmless
A.