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.

Example 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
Example Output: (A)

Example Input: WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
Example Output: (D)

Example Input: its free exercise of its governmental powers, nor could it abdicate its governmental functions, even for a “reasonable time.” Clear Lake, 549 S.W.2d at 391. When discharging its governmental functions, MUD 24, as an agent of the State, is exercising the State’s police power, which is a grant of authority from the people to the government for the protection of the health, safety, comfort, and welfare of the public. Galveston County MUD No. 3 v. League City, 960 S.W.2d 875, 877 (Tex.App.—Houston [14th Dist.] 1997, no writ) (operation of sewer system by municipality is exercise of governmental function). Therefore, we hold that MUD 24’s functions are governmental functions mandated by Texas law. See Hydrocarbon Prod. Co. v. Valley Acres Water Dist., 204 F.2d 212, 217 (5th Cir.1953) (<HOLDING>). Because we find that MUD 24’s functions are 
 Holding statements: (A) holding wjhere an appeal is taken the terms of probation do not commence until the mandate of this court is issued and citing former section 8 of article 4212 texas code of criminal procedure (B) holding that refusal to proceed to trial by arbitrarily abating case violates article i section 13 of the texas constitution (C) holding that texas legislature has no police power to violate article i section 16 of the texas constitution because section 29 emphatically and unambiguously excepts this power from the powers of the government of the state of texas (D) holding texass substantive law should apply rather than the law of the state where the accident occurred because texas has a particularly strong interest when the defective product in question was manufactured and placed in the stream of commerce in texas (E) holding that provisions of texas constitution article 16 section 59 are a mandate declaring the texass policy regarding drainage and irrigation
Example Output:
(E)