instruction:
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.
question:
may grant preliminary injunctive relief in any civil action if the granting of such relief is appropriate under the facts upon which the action is based.” 16 U.S.C. § 3117(a). 3 . As used in ANILCA, (1) The term "land” means lands, waters, and interests therein. (2) The term “Federal land” means lands the title to which is in the United States after December 2, 1980. (3)The term "public lands” means land situated in Alaska which ... are Federal lands.... 16 U.S.C. § 3102(1) — (3). 4 . Although navigability determinations have not yet been made on most of Alaska’s waterways, it is likely that few waterways of significance to fisheries will be classified as non-navigable due to the expansive definition of navigable. See, e.g., Alaska v. Ahtna, Inc., 891 F.2d 1401, 1402-08 (9th Cir.1989) (<HOLDING>), cert. denied, 495 U.S. 919, 110 S.Ct. 1949, 
 Holding statements: (A) holding that river with depths of 1 to 3 feet and usable by inflatable rafts and small motorboats was navigable (B) holding lake on private land was not navigable in fact and there was no right of public use and enjoyment as lake was not fed by or part of a navigable stream (C) holding that riparians owners have the right of access to the navigable part of the river  the right to make a landing wharf or pier  subject to such general rules and regulations of the legislature (D) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (E) holding that congress had the authority under the commerce clause to require private riparian land owners to obtain a license prior to construction of dams even where the river in question was not navigable but could potentially have been made navigable
answer:
(A)


question:
personally waive the rights to testify at trial, to have the prosecution witnesses testify in defend other settings. One such case arose when a defendant charged with first-degree criminal sexual conduct stipulated to the element that he was more than 36 months older than the victim without waiving his right to a jury trial on that element. State v. Wright, 679 N.W.2d 186, 190 (Minn.App.2004), review denied (Minn. June 29, 2004). In Wright, we applied a harmless-error analysis to the district court’s failure to obtain appellant’s personal waiver. Id. at 191. In part, we reasoned that proving the age element to the jury would have had “a more prejudicial effect than- the stipulation” because appellant was significantly older than the victim. Id.; see also Hinton, 702 N.W.2d at 281-82 (<HOLDING>). Also, both Wright and Hinton involved 
 Holding statements: (A) holding that stipulation of the appellants undisputed prior convictions was harmless error and reasoning that blakely v washington which does not require a jury determination of prior convictions provides implicit support for the conclusion that a harmless error analysis is appropriate (B) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (C) holding blakely errors are subject to harmless error analysis (D) holding that the trial courts error in not allowing defendant to testify on direct examination as to nature and circumstances of prior convictions was not harmless error where credibility of the defendant was critical to the deliberations of the jury (E) holding that any error was harmless and thus not plain error
answer:
(A)


question:
he is sentenced. See 18 U.S.C. § 3553(f)(1), (2). Mr. Hernandez has nine criminal history points, see PSI ¶ 35, and pled guilty to violations of two firearm possession offenses, and therefore the relief afforded by section 3553(f) is not available to him. B. Criminal History Mr. Hernandez argues that the court should depart from the applicable sentencing range because his criminal history category overstates the seriousness of his past criminal conduct. See U.S.S.G. § 4A1.3 (policy statement) (authorizing departure when a defendant’s criminal history category “significantly over-represents the seriousness of a defendant’s criminal history category or the likelihood that the defendant will commit further crimes”); see also United States v. Shoupe, 988 F.2d 440, 446-47 (3d Cir.1993) (<HOLDING>). Specifically, Mr. Hernandez contends that the 
 Holding statements: (A) holding that a court may depart downward from the applicable guideline range under section 4a13 (B) holding that district court must provide reasonable notice of intent to upwardly depart from guideline range (C) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (D) holding that conduct contained in dismissed counts may be considered by a district court in determining whether to depart from the applicable guideline range (E) holding that consideration by a sentencing court of acquitted conduct was appropriate in establishing the applicable guideline range or in determining the sentence to impose within the guideline range
answer:

(A)