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: 548 U.S. at 518, 126 S.Ct. at 2667 (Scalia, J., joined by Chief Justice Roberts and Justices Thomas and Alito, concurring in part and dissenting in part) (concluding that “compliance with § 5 of the Voting Rights Act can be [a compelling state] interest ... [otherwise] a State could be placed in the impossible position of having to choose between compliance with § 5 and compliance with the Equal Protection Clause”). And we conclude that a plan will be narrowly tailored to achieve that interest when the race-based action taken was reasonably necessary under a constitutional reading and application of the Act. See Miller v. Johnson, 515 U.S. 900, 921, 115 S.Ct. 2475, 2490-91, 132 L.Ed.2d 762 (1995); see also Shaw v. Hunt, 517 U.S. 899, 916, 116 S.Ct. 1894, 1906, 135 L.Ed.2d 207 (1996) (<HOLDING>); United Jewish Orgs. of Williamsburgh, Inc. v. 
 Holding statements: (A) holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation (B) holding that where the claimed interest is avoidance of liability under section 2 the legislative action must at a minimum remedy the anticipated violation or achieve compliance to be narrowly tailored (C) holding that liability may not be imposed on supervisory personnel under  1983 where at best the plaintiff has merely claimed that the appellants were aware of alleged violation but did not take appropriate action (D) holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory (E) holding that individual liability under  1983 must be based on personal involvement in the alleged constitutional violation

A: (B)
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Q: evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination

A: (C)
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Q: activity” refers to any predicate act that is relevant conduct under U.S.S.G. § 1B1.3). The indictment in this case alleged many predicate acts, but the jury verdicts did not specify which were attributable to any particular defendant. At sentencing, the district court found certain predicate acts attributable to each defendant, based on a preponderance of the evidence presented at trial. 1. Findings of predicate acts Barragan and Franco argue that the district court erred in att g racketeering activity” in RICO guidelines includes “any act, whether or not charged against defendant personally, that qualifies as a RICO predicate act under 18 U.S.C. § 1961(1) and is otherwise relevant conduct under § 1B1.3” (footnote omitted)); United States v. Pica, 692 F.3d 79, 88 (2d Cir. 2012) (<HOLDING>); United States v. Massimino, 641 Fed.Appx. 
 Holding statements: (A) holding that the district court could constitutionally consider the acquitted conduct in rico sentencing (B) holding that district court may treat acquitted conduct as relevant conduct at sentencing (C) holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct (D) holding that a district court may not impose a sentencing enhancement based on conduct of which the jury acquitted the defendant (E) holding that a district court may find acquitted conduct by a preponderance of the evidence

A:
(B)
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