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 Input:
who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs’ favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac’s motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac’s motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000) 
 Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted

Ex Output:
(D)


Ex Input:
with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) (“[W]e elect to review the district court’s application of the advisory sentencing guidelines only insofar as they do not involve departures.”); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for 
 Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law

Ex Output:
(E)


Ex Input:
to saddle the client with the mistakes of its attorney. The Court today properly rejects that rationale.” Id. at 405-06, 113 S.Ct. 1489. There is a small measure of inconsistency between the D.C. Circuit’s use of equitable principles in not holding a purely innocent and misled client liable for the neglect of counsel and the Supreme Court’s decisions in Link and Pioneer. But this court need not address this inconsistency any further. Even under the slightly more relaxed standard that the D.C. Circuit used in two deei-sions, which allow a client to avoid the consequences of his counsel’s malpractice, Moving Plaintiffs still fail to show circumstances that will allow this court to grant relief under Rule 60(b)(6). See L.P. Steuart, Inc. v. Matthews, 329 F.2d 234 (D.C.Cir.1964) (<HOLDING>), and Jackson v. Washington Monthly Co., et 
 Holding statements: (A) holding trial court erred when it sanctioned client where the evidence showed that the attorney filed frivolous pleadings on behalf of the client but the client did nothing more than rely on her attorneys advice (B) holding client is not liable for actions of attorney who misled client as to the status of case (C) holding an attorney is an agent of the client and therefore cannot conspire with the client (D) holding that an attorney who breaches a fiduciary duty to a client forfeits his right to compensation without any requirement that the client prove actual harm (E) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client

Ex Output:

(B)