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.

Ex Input:
involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011.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

Ex Output:
(A)


Ex Input:
of a portion of their property to Greenheart constituted a transaction for a commercial purpose is supported by the evidence. The Browns owned 320 acres that they used for ranching and farming — operations on which the Browns relied to derive income. The Browns also acquired water rights for a portion of their land which they leased out and eventually sold. The Brown Property had a portion that lacked water rights and it was this portion — without any improvements — that the Browns sold. Although the Brown Property did include their residence, the portion sold to Greenheart did not include the residence, and the existence of a residence on the property does not automatically disqualify a land conveyance from being a commercial transaction. See Watson, 144 Idaho at 219, 159 P.3d at 856 (<HOLDING>); Herrick v. Leuzinger, 127 Idaho 293, 306, 900 
 Holding statements: (A) holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute (B) holding that a previous decision assuming a malpractice action was a commercial transaction for the purpose of awarding attorney fees was not binding because the court in that case was not asked  to decide whether a malpractice action involving a commercial transaction falls within the parameters of the statute (C) holding chapter 13 plan funded by sale of property was not feasible where the debtor had not stated the time period or terms of the sale and no provision was made for failure to sell the property (D) holding sale of property was commercial transaction where the land was for both a family retreat and for logging (E) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property

Ex Output:
(D)


Ex Input:
authority to assess credibility. 24 Magistrates may make ered-ibility determinations in preliminary hearings, but the extent of those determinations is limited. In Talbot, we recognized that assessing "'the credibility of the witnesses [in a preliminary hearing] is an important element in the determination of probable cause'" and that preventing magistrates from making credibility determinations "would undermine the fundamental purpose served by the preliminary examination." 972 P.2d at 438 (quoting Anderson, 612 P.2d at 783-84, 786). Indeed, that the probable cause standard demands "reasonable belief" rather than merely "belief" strongly suggests that magistrates must, to a certain extent, assess the credibility of the evidence presented. See Clark, 2001 UT 9, ¶ 16, 20 P.3d 300 (<HOLDING>). Nevertheless, we have also noted that "the 
 Holding statements: (A) holding that the prosecution must present sufficient evidence to support a reasonable belief that defendant committed a crime emphasis added (B) holding that a habeas court reviewing the sufficiency of evidence underlying a criminal conviction must determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt  emphasis added (C) holding that plaintiff must present such evidence (D) holding that the investigators belief that a crime had been committed does not permit or excuse deliberate fabrication of evidence (E) holding that a party must at least have a subjective belief that litigation was a real possibility and that belief must have been objectively reasonable

Ex Output:

(A)