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: his personal belief that the officer was not lying. The prosecutor stated: “He came in here and told you the truth about what happened” and later reiterated, “This officer didn’t commit perjury. He came in here and told you the truth about what happened.” This was improper vouching by “placing the prestige of the government behind a witness through personal assurances of the witness’s veracity ...” United States v. Necoechea, 986 F.2d 1273, 1276 (9th Cir.1993) (citations omitted). Contrary to the government’s assertion, the prosecutor need not invoke the name of the federal government in offering his personal belief — it is sufficient that the personal statement of belief came from the government’s attorney. See, e.g., Carriger v. Stewart, 132 F.3d 463, 482 (9th Cir.1997) (en banc) (<HOLDING>). Second, the prosecutor vouched for Officer 
 Holding statements: (A) holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment (B) holding that it was improper for prosecutor to state he did not lie to you he is a lot of things but he is not a liar (C) holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present (D) holding that the defendant could not appeal a jury instruction where he did not object to the challenged instruction but in fact requested it and stated he was satisfied with it (E) holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail

A: (B)
****
Q: a result, he had assented to the Estate’s producing the letters. Despite their lack of objection prior to producing the documents, the Opposing Parties contend the Estate “inadvertently” produced the documents and, further, that the stipulated protective order in this ease (the “Protective Order”) requires KFI to return the documents. KFI argues the Estate voluntarily produced the documents. As detailed herein, this court finds the documents were not inadvertently disclosed. When parties stipulate to a protective order requiring the return of inadvertently produced documents, the agreement is enforceable if the proponent actually produced the document(s) inadvertently and otherwise complies with the terms of the order. See VLT Corp. v. Unitrode Corp., 194 F.R.D. 8, 11-12 (D.Mass.2000) (<HOLDING>). Absent an agreement, courts have applied 
 Holding statements: (A) holding that in agency adjudications in which the government has not claimed privilege written reports made at the time of an event must be produced when the credibility of the witness on matters discussed in the report is in question (B) holding that the doctrine of equitable estoppel does not apply fully against the government because the possibility of harm to a private party is often if not always grossly outweighed by the public interest in enforcement of congressionally mandated public policy (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) holding that where the district court decided two issues in the certified order but identified only the damages issue as the controlling question of law the court of appeals could nonetheless address the other issue (E) holding stipulated protective order mandated return of two documents inadvertently produced with approximately 25000 intentionally produced pages proponents established that the production of the materials at issue was not a considered or grossly negligent decision but the result of inattention ie inadvertence

A: (E)
****
Q: that’s the rule under the Guidelines and I believe that’s the rule in the Eleventh Circuit. I believe those are not factors that the court should take into — that that’s a factor that the court should take into consideration in attempting to depart. Frankly, I think if the court tried to depart, it would be reversible error. Id. at 29. Ordinarily, we will not review a district court’s denial of a request for downward departure. United States v. Hadaway, 998 F.2d 917, 919 (11th Cir.1993). However, a district court’s refusal to depart is reviewable on appeal if the court’s decision was based on the belief that it lacked the authority to consider a departure. United States v. Williams, 948 F.2d 706, 708 (11th Cir.1991). See also United States v. Fossett, 881 F.2d 976, 979 (11th Cir.1989) (<HOLDING>). The district court’s determination that it 
 Holding statements: (A) 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 (B) holding that district court must provide reasonable notice of intent to upwardly depart from guideline range (C) holding that a defendants assertion that the district court did not believe it had the statutory authority to depart from sentencing guideline range  presents a cognizable claim on appeal (D) holding that a court may depart downward from the applicable guideline range under section 4a13 (E) holding that conduct contained in dismissed counts may be considered by a district court in determining whether to depart from the applicable guideline range

A:
(C)
****