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.

Input: Consider Input: omitted). Even if we were to do so, it would not change the outcome, since we see no error in the district court’s ruling regardless of whether the robbery and drug conspiracy were related. 3 . This course of action is permissible, though "we have repeatedly mentioned 'our strong preference for James proceedings.' ” United States v. Townley, 472 F.3d 1267, 1273 (10th Cir.2007) (quoting United States v. Owens, 70 F.3d 1118, 1123 (10th Cir.1995)). 4 . The conspiracy supporting the introduction of the out-of-court statement need not be the same as the conspiracy charged in the indictment, so long as the statement was in furtherance of the uncharged conspiracy. United States v. Gigante, 166 F.3d 75, 82 (2d. Cir.1999); see also United States v. Evans, 970 F.2d 663, 675 (10th Cir.1992) (<HOLDING>). 5 .Burnett testified at one point that he had 
 Holding statements: (A) holding that a failure to instruct the jury on additional uncharged conspiracies is not reversible error so long as the jury is instructed that the government has the burden to prove the charged conspiracy (B) holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme (C) holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error (D) holding failure to instruct jury on requirement of corroboration of informants testimony is error (E) holding that the failure to properly instruct the jury on the burden of proof required a new trial

Output: (A)


Input: Consider Input: on CRiminal Justice, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). In 1997, the legislature amended the child pornography statute to eliminate a loophole in the existing statute that impeded prosecution of individuals for possession or promotion of child pornography depicted or distributed by computer. Id.; House Comm, on CRiminal JURISPRUDENCE, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the sta App.1991) (<HOLDING>). Appellant also contends that the statute is 
 Holding statements: (A) holding twentyeight charges against defendant for possession of child pornography were not multiplicious (B) holding that private possession of child pornography is not protected by the first amendment (C) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (D) holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute (E) recognizing continuing harm from defendants knowing possession of child pornography

Output: (B)


Input: Consider Input: “limited, supervised discretion under explicitly neutral guidelines” did not violate the Fourth Amendment. Id. at 220, 494 S.E.2d at 147. Therefore, roadblock jurisprudence does not prohibit all discretion by the field officer but only “unbridled” discretion. “Unbridled” means “completely at liberty: unrestrained, ungoverned, unchecked.” Webster’s Third New International Dictionary 2484 (1993). See also Crouch, 26 Va.App. at 219 n. 2, 494 S.E.2d at 147 n. 2 (“We reject appellant’s argument that [the officer’s] ability to choose which direction of traffic to stop gave him excessive discretion. The designation of a specific pre-approved site for the detail was sufficient guidance with respect to location.”); Wesley v. Commonwealth, 37 Va.App. 128, 134, 554 S.E.2d 691, 694 (2001) (<HOLDING>). The fact that on the day of the roadblock in 
 Holding statements: (A) holding failure to exercise discretion is abuse of discretion (B) holding that leaving the duration of the roadblock up to a twohour maximum to the officers discretion was not unbridled discretion that would render the checkpoint unconstitutional (C) holding creditors can reach assets of trust to the same extent as the maximum amount that would be payable to the beneficiary in the trustees discretion (D) holding that the trial judge retains the discretion to exclude dna evidence if errors in the laboratory procedures render it so unreliable that it would not be helpful to the trier of fact but that trial court did not abuse its discretion by admitting that evidence (E) holding that the lack of statutory limitations does not give the trial court unbridled discretion as the trial court has a special duty to exercise such an extraordinary power with the utmost sense of responsibility and circumspection


Output: (B)