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.

involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011. Ortega argues that the sole evidence of a conspiracy existing at the time of the seizure of 7.2 kilograms of cocaine on March 25, 2011 was the April 17, 2011 phone calls between Ortega and El Don. In that call Ortega had arranged for El Don to buy five kilograms of cocaine. Ortega’s argument is unavailing. A conspiracy between Ortega and El Don having been established by the government, the burden rested with Ortega to prove that he affirmatively withdrew from it, not with the government to prove the nonexistence of withdrawal. See Smith v. United States, — U.S. -, 133 S.Ct. 714, 720, 184 L.Ed.2d 570 (2013) (<HOLDING>). We conclude that Ortega has not met his 
 Holding statements: (A) holding that in passing 21 usc  846 congress left the common law burden of proving the affirmative defense of withdrawal on the defendant rather than requiring the government to prove nonexistence of withdrawal (B) holding that the government was not responsible for delay from withdrawal of guilty plea (C) holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea (D) holding that defendant was responsible for the delay from the withdrawal of his guilty plea (E) holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence
(A)

those same arguments. Like the majority of the appellate panel that first reviewed this appeal, we are not persuaded to substitute our judgment for that of the trial court on this evidential ruling. It was for the trial court to assess defendant’s prior conviction’s probative value in light of its remoteness, and we cannot say that the trial court erred in that judgment. The question is not whether we would have made a different determination in the first instance. Rather, we apply the normal, deferential standard and conclude that the trial court did not abuse its discretion when it permitted the use of the prior conviction for impeachment purposes. The conviction was not stale by the standard in use for assessing remoteness. See Harris, supra, 209 N.J. at 436, 444-45, 38 A.3d 559 (<HOLDING>). And, we cannot say that the trial court’s 
 Holding statements: (A) holding that prior drug convictions that were four ten and eleven years old were not so remote from the charged drug offenses as to render them inadmissible (B) holding two prior convictions more than ten years old admissible where disorderlypersons offenses bridged the gap (C) holding that state may charge separately for the same offense but the convictions for more than one of the offenses cannot stand (D) holding that evidence of two intervening felony convictions removed taint of remoteness from convictions more than 10 years prior permitting analysis under rule 609a (E) holding that prior distribution and possession convictions that were eight and ten years before the charged conduct occurred were not too remote
(B)

and TILA Subclass members are also Payday Loan Subclass members. See Brief at 3-4. The only reason that the TILA and EFTA Subclasses are so much smaller than the other subclasses is because the TILA and the EFTA both have one-year statutes of limitations, which restrict the number of proposed class members who have valid claims under these statutes. See Brief at 3-4. Although it is said that there is “no set formula,” Rex v. Owens, 585 F.2d at 436, or “strict numerical test” for determining when a class is sufficiently numerous for joinder to be impracticable, Bittinger v. Tecumseh Prods. Co., 123 F.3d at 884 n. 1, the reality is that a per se numerosity threshold seems to exist somewhere south of 150 proposed class members, see Mullen v. Treasure Chest Casino, LLC, 186 F.3d at 624 (<HOLDING>); Anderson Living Trust v. WPX Energy Prod., 
 Holding statements: (A) recognizing that substantial numbers usually satisfy the numerosity requirement (B) holding that a potential class of 256 members did not satisfy numerosity (C) recognizing that in determining numerosity the proper focus is not on numbers alone but on whether joinder of all members is practicable in view of the numerosity of the class and all other relevant factors (D) holding that 100 to 150 members  is within the range that generally satisfies the numerosity requirement (E) holding joinder not practicable where 100 to 150 class members were geographically dispersed

(D)