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.

[EX Q]: CURIAM. Appellant, Roberto Trejo, was indicted for racketeering and conspiracy to commit racketeering. His predicate offenses included attempted first degree murder, shooting into a building, and three armed robberies with a firearm. He was also charged on substantive counts for the same five offenses. Trejo was acquitted on the racketeering, conspiracy, and shooting into a building charges, but convicted of attempted second degree murder with a firearm and the three armed robberies. We affirm on all issues raised in this appeal, including his fifty-year sentence. The United States Supreme Court’s ruling in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) does not apply to appellant’s sentence. See Guzman v. State, 110 So.3d 480, 483 (Fla. 4th DCA 2013) (<HOLDING>). As we did in Guzman, we certify conflict with 
 Holding statements: (A) holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham (B) recognizing that njeither graham nor miller explicitly  apply to the functional equivalent of life without parole ie de facto life sentences (C) holding that the imposition of a life sentence on a juvenile does not violate the holding of roper (D) holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence (E) holding that double jeopardy clause does not prohibit imposition of death sentence in alabama despite life sentence in georgia in murdertrial arising from same homicide
[EX A]: (D)

[EX Q]: do not find that MBI has waived this argument on appeal. See Ind. Appellate Rule 49(B). 3 . We also note that MBI did not present any expert testimony, or any other evidence, that would suggest that Orlando's permanent injury to his knee was not caused by the accident. 4 . The prospective juror was struck from the jury pool prior to trial. 5 . MBI also argues that Orlando was only asking for $75,000 in damages. However, Orlando clearly argued that $75,000 was where he thought the jury should begin its discussion for damages, but he did not limit his damages to this amount. Tr. p. 223. 6 . MBI also argues that "[i]f there is no evidence to establish the loss of earning capacity, there can be no recovery on that issue.” Scott v. Nabours, 156 Ind.App. 317, 321, 296 N.E.2d 438, 441 (1973) (<HOLDING>). However, the final jury instructions gave a 
 Holding statements: (A) holding the trial court did not err by withdrawing the issue of loss of earning capacity from the jury when there was no evidence in that regard (B) holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact (C) holding that the trial court did not err by granting defendants motion for summary judgment (D) holding that the trial court correctly instructed the jury that the defendant had to establish by evidence that outweighed the evidence against him that he lacked the capacity to form specific intent (E) holding that trial court did not err
[EX A]: (A)

[EX Q]: applied to law enforcement officers.” 1992-NMCA-033, ¶ 17. We also noted that holding persons in custody is a minor incident of probation and parole officers’ jobs and that probationers and parolees are not persons “accused” of crimes because they have already been convicted. Id. {14} Plaintiff asserts that Vigil’s interpretation of the words “custody” and “accused” is unduly narrow. However, we see no legal basis for reinterpreting those terms more broadly. Indeed, we have limited the definition of law enforcement officers in this category to detention center employees whose principal duties under law are to hold in custody persons accused of a crime while awaiting trial. See, e.g., Davis v. Bd. of Cnty. Comm’rs of Doña Ana Cnty., 1999-NMCA-110, ¶¶ 35, 39, 127 N.M. 785, 987 P.2d 1172 (<HOLDING>); Abalos v. Bernalillo Cnty. Dist. Atty’s 
 Holding statements: (A) holding that the director of the new mexico m otor v ehicle department who has statutory authority to make arrests was not a law enforcement officer because the vast majority of his time and effort are involved in administrative matters internal quotation marks omitted (B) holding that the director of the new mexico motor v ehicle department who has statutory authority to make arrests was not a law enforcement officer because the vast majority of his time and effort are involved in administrative matters internal quotation marks omitted (C) holding that the director captain and assistant director of a detention center are law enforcement officers (D) holding corrections officers are not law enforcement officers under  41412 (E) holding that director of the police department is not a final policymaking official because his decisions are constrained by the county manager the board and administrative order and polices
[EX A]:
(C)