Task: Wrong Candidate Generation
Input (English): offense, and the defendant has at least two prior felony convictions for crimes of violence or controlled substance offenses. Defendant argues that the Career Offend er Guideline should not have been applied to him, because the instant offense was not a crime of violence. We review de novo the district court’s interpretation and application of the Sentencing Guidelines. United States v. Nielsen, 371 F.3d 574, 582 (9th Cir.2004). Defendant is correct with respect to the counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). “‘Crime of violence’ does not include the offense of unlawful possession of a firearm by a felon.... ” U.S.S.G. § 4B1.2 cmt. n. 1; see also Stinson v. United States, 508 U.S. 36, 45-47, 113 S.Ct. 1913, 123 L.Ed.2d 598 (1993) (<HOLDING>). However, Defendant is incorrect with respect 
 Holding statements: (A) holding that commentary in the guidelines manual that interprets or explains a guideline is authoritative unless it violates the constitution or a federal statute or is inconsistent with or a plainly erroneous reading of that guideline (B) holding a sentence is not based on the guidelines unless the plea agreement itself expressly uses a guidelines sentencing range to establish the term of imprisonment (C) recognizing the guidelines commentary is authoritative (D) holding that commentary in sentencing guidelines that interprets or explains a guideline is authoritative unless it violates the constitution or a federal statute or unless it is plainly erroneous or inconsistent with the guideline it interprets (E) holding that sentencing guidelines commentary must be given controlling weight unless it violates the constitution or a federal statute or is plainly inconsistent with the guidelines itself
Output (English): holding a sentence is not based on the guidelines unless the plea agreement itself expressly uses a guidelines sentencing range to establish the term of imprisonment