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.

Q: of his criminal history and likelihood of reoffending. Currie notes that most of his prior convictions were remote and that he has demonstrated both a decrease in criminal behavior since 1990 and a decrease in violent conduct since 2006. However, the vast majority of Currie’s adult life has been spent in prison, undermining his argument that his reduction in criminal convictions during this period is indicative of reduced criminality. Notably, Currie’s dozens of institutional would impose the same sentence as a variance sentence, even if it erred in its Guidelines calculations or application of U.S.S.G. § 4A1.3(a). And although Currie identified nonfrivolous mitigating factors in support of a lower sentence, see, e.g., United States v. Howard, 773 F.3d 519, 532-33 (4th Cir. 2014) (<HOLDING>), we cannot conclude, in view of the totality 
 Holding statements: (A) holding as a matter of law that a child of the tender age of 3 years and 8 months could not have realized the risk or danger of an artificial body of water (B) holding that adea plaintiff had failed to make a prima facie case of age discrimination when he was replaced by someone only two years younger and within the protected age group and there was no other evidence of age discriminatory motive (C) recognizing reduced culpability in youthful offenders and inverse correlation between inmates age and risk of recidivism (D) holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference (E) holding age discrimination claim barred

A: (C)
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Q: 540 U.S. -, 124 S.Ct. 1019, 157 L.Ed.2d 1016 (2004) (citing United States v. Henry, 447 U.S. 264, 270, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) and Michigan v. Jackson, 475 U.S. 625, 632 n. 5, 106 S.Ct. 1404, 89 L.Ed.2d 631 (1986)). 20 . See United States v. Cuong Gia Le, et al., Criminal No. 03-48-A (E.D.Va. December 9, 2003) (Ex Parte Order). 21 . Only one of the six charged defendants — • Cuong Gia Le — had been charged prior to the return of the Superseding Indictment. 22 . See Schwartz, 372 F.2d at 682 (citing Mallory, 354 U.S. at 454, 77 S.Ct. 1356). 23 . The statute also provides a limited "safe harbor" for a voluntary confession made after arrest, but before arraignment, "if such confession was made or given by such person within six hours immediately following (6th Cir.1991) (<HOLDING>); United States v. Elkins, 774 F.2d 530, 534 n. 
 Holding statements: (A) holding texas law governs the procedural matter of preservationoferror requirements even if another jurisdictions law governs substantive issues (B) holding that  3501 not mcnabbmallory governs the admissibility of confessions in federal court (C) holding that federal law governs remedies available under title ix (D) holding that federal law governs res judicata effect of an earlier federal judgment based on federal law (E) holding that federal common law governs equitable remedies available under erisa

A: (B)
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Q: disputes. This purpose makes litigation less of a game of ‘blindman’s bluff and more of a contest that seeks a fair and adequate resolution of a dispute.” Cleckley, Litigation Handbook, § 26, at 540. With this purpose in mind, we need not determine whether the pre-answer discovery by the parties was solely to accommodate the defendants’ efforts to obtain summary judgment. We believe as a matter of fundamental fairness, and so hold, that when a dispositive pre-answer motion by a defendant is denied by a trial court, or granted but reversed by the Supreme Court, a plaintiff must be permitted to conduct discovery after the defendant files an answer even though the parties may have previously engaged in pre-answer discovery. See Gray v. Whisenaut, 258 Ga. 242, 368 S.E.2d 115, 116 (Ga.1988) (<HOLDING>). In the instant proceeding, the defendants 
 Holding statements: (A) recognizing that while summary judgment is improper if the nonmovant is not afforded a sufficient opportunity for discovery it is the nonmovants responsibility to inform the district court of the need for discovery by filing an affidavit pursuant to rule 56f of the federal rules of civil procedure or filing a motion requesting additional discovery (B) holding that oneyear period runs from the discovery of the transfer (C) holding that a request for admission is a tool of discovery subject to discovery cutoff dates (D) holding that the states rule dates the beginning of the discovery period only from the filing of the answer (E) holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law

A:
(D)
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