Detailed Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Problem:of the kind defined in [26 U.S.C.] 5845 ... involves the substantial risk of violence necessary to label the possession a crime of violence," United States v. Dunn, 946 F.2d 615, 621 (9th Cir.1991), and Defendant's sawed-off shotgun is of the type described in 5845(a). The district court therefore should have applied the Career Offender Guideline only to Count 4, possession of an unregistered sawed-off shotgun. Instead, the district court erred by imposing a Career Offender sentence on all counts. If a district court incorrectly applies the Sentencing Guidelines and its error is not harmless, then we vacate the sentence and remand for resentencing. United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006); see also United States v. Menyweather, 447 F.3d 625, 634 (9th Cir.2006) (<HOLDING>). Here, we cannot say with certainty that
Holding statements: (A) recognizing that any error would be harmless to the government in this case because the district court couldand wouldimpose the same sentence again under the nowadvisory guidelines regime (B) holding that any error was harmless because under the unusual circumstances present in this thirdtime appeal we recognize that the district court could and would impose the same sentence again (C) holding a constitutional booker error harmless on the ground that because the district court stated its sentence would be the same even if the guidelines were only advisory we know with certainty beyond a reasonable doubt what the district court would do upon remand (D) holding any possible error in a guidelines calculation harmless where this court was confident that the district court could and would impose the same sentence again under the nowadvisory guidelines regime (E) holding that booker constitutional error was harmless beyond a reasonable doubt because on remand the district court would have given defendant the same sentence
Solution:
(B)