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]: should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented.” In light of defense counsel’s earlier statements that "clearly you have a situation where a misidentification could take place,” and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses’ potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the 
 Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify
[A]: (C)


[Q]: 235, 239 (Fed.Cir.1988). On appeal, Mr. Baney does not challenge the Board’s determination that collateral estoppel bars his leave-related claims. We agree with the Board that Mr. Baney’s claims are barred by collateral estoppel because they challenge the same issues that Mr. Baney actually litigated and that were necessary to the decisions in previous proceedings. See, e.g., Baney v. Dep’t of Justice, 409 Fed.Appx. 319 (Fed.Cir.2010) (finding no USERRA violation for charging Mr. Baney with eleven and a half hours of AWOL in November 2008); Baney v. Dep’t of Justice, 263 Fed.Appx. 892 (Fed.Cir.2008) (finding no USERRA violation for charging Mr. Baney with 23 days of leave while on active military duty for 30 days); see also Baney v. Dep’t of Justice, 327 Fed.Appx. 895 (Fed.Cir.2009) (<HOLDING>). Accordingly, we affirm the Board’s decision 
 Holding statements: (A) holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant (B) holding that collateral attacks on bankruptcy courts jurisdiction are barred by res judicata (C) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (D) holding that mr baneys challenge to being charged with 208 hours of annual leave while on active military duty for 30 days was barred by the res judicata effects of our 2008 decision (E) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred
[A]: (D)


[Q]: FBI qualifies as an extraordinary effort at restitution, and a downward departure beyond acceptance of responsibility is warranted. The district court understood its power to depart but declined to grant defendant’s motion. We lack the power to review the district court’s decision because the court understood it had the power to depart. See, e.g., United States v. Loud Hawk, 245 F.3d 667 (8th Cir.2001) and United States v. Jones, 145 F.3d 959, 965 (8th Cir.1998). Accordingly, the sentence of the district court is affirmed. 1 . The Honorable Gary A. Fenner, United States District Court Judge lor the Western District of Missouri, Western Division. 2 . See U.S. Sentencing Guidelines Manual § 2F1.1, cmt. n. 11 (1998). See also United States v. Saffeels, 39 F.3d 833, 837-38 (8th Cir.1994) (<HOLDING>); United States v. Moskal, 211 F.3d 1070, 1074 
 Holding statements: (A) holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category (B) holding that the district court did not abuse its discretion by imposing an upward variance after finding that the defendants criminal history category of i understated the seriousness of his criminal history (C) holding that a district court may depart upward based upon based criminal conduct when such conduct is not included in the computation of criminal history category (D) holding that a district court may depart upward based upon a significant number of fraudulent schemes conducted by the defendant (E) holding that a court may depart upward based upon a third partys injury in an assault case
[A]:
(C)