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.

for a mitigating role adjustment pursuant to U.S.S.G. § 3B1.2. Section 3B1.2 “authorizes a four-level reduction in offense level if the defendant is deemed a ‘minimal’ participant in the criminal activity! ] [and] a two-level reduction if he is deemed a ‘minor’ participant....” United States v. Skinner, 690 F.3d 772, 783 (6th Cir. 2012). The difference between “minimal” and “minor” is “not just semantic,” United States v. Lopez, 937 F.2d 716, 728 (2d Cir. 1991), and the standards are not interchangeable. See U.S.S.G. § 3B1.2 cmt. n. 5 (defining a “minor participant” as “a defendant ... who is less culpable than most other participants in the criminal activity, but whose role could not be described as minimal”) (emphasis added); United States v. Friedman, 998 F.2d 53, 60 (2d Cir. 1993) (<HOLDING>). Both Griffith and the Government focus their 
 Holding statements: (A) recognizing this distinction (B) holding that there is no distinction in the right to jury trial between sentencing factors and elements (C) recognizing distinction between two types of waiver (D) holding that the district court improperly used the two different standards under ussg  3b12 interchangeably thus blurring the distinction between section 3b12a and b (E) recognizing distinction between tolling and estoppel
(D)

reliance is essential element of negligent misrepresentation claim). Since Purchasers are estopped from relying on a representation outside of the agreement, they cannot sustain any of the causes of action that require justifiable reliance. Therefore, the fraud, negligent misrepresentation, and FBPA claims fail, even construing the pleadings most favorably to Purchasers. Nevertheless, Purchasers argue that the determination of justifiable reliance is a jury question. While justifiable reliance may be a jury question in a fraud case where no contract exists or where the contract has become void, it is a question of law in a case where the contract language prevails and the contract’s merger clause precludes reliance on oral representations. Compare City Dodge, 232 Ga. at 770 (<HOLDING>) with First Data POS, 273 Ga. at 796 (holding 
 Holding statements: (A) holding no justifiable reliance as a matter of law (B) holding that in fraud and nondisclosure claims a plaintiff must show actual and justifiable reliance (C) holding that where a merger clause is included in the written contract alleged collateral promises will not be enforced through fraud because under fraud the reliance must be reasonable (D) holding that the only fraud that could vitiate the contract is fraud that would invalidate the merger clause itself ie fraud relating to the merger clause or fraud that invalidates the entire contract including the merger clause quoting 3 corbin contracts  578 (E) holding that justifiable reliance is a jury question where the contract containing the merger clause was found invalid due to an antecedent fraud
(E)

was the owner of the Property on this record. Our caselaw holds that the Rules of Civil Procedure apply to forfeiture cases as long as a rule does not conflict with a specific provision of the Forfeiture Act. With respect to whether summary judgment applies to forfeiture proceedings, summary judgment is appropriate in a forfeiture case where a hearing would serve absolutely no purpose, such as where the material facts are not in dispute. Summary judgment was appropriate because Palaz-zari was the legal owner of the Property on the Deed. Judge LEADBETTER joins in this dissent. 1 . These cases applied the Pennsylvania Rules of Civil Pr o what constitutes proper service by certified mail. See Commonwealth v. One 1991 Cadillac Seville Vin 1G6CD53B9M4342561, 853 A.2d 1093 (Pa.Cmwlth.2004) (<HOLDING>). CONCURRING AND DISSENTING OPINION BY Judge 
 Holding statements: (A) holding that the proper procedure to prove prior convictions is to offer a certified copy of the conviction (B) recognizing presumption of effective service by regular mail (C) holding the rule 4 requirement of delivery to the appropriate united states attorney required personal service not service by certified mail (D) holding rules of civil procedure are appropriate in determining what constitutes proper service by certified mail (E) holding that if service done by certified mail action commenced upon receipt of summons and complaint

(D)