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:
is correct. We will also assume that the court’s erro umed error prejudiced him is that other evidence supports the finding that he was a manager or supervisor of the conspiracy. In the district court, Vasquez did not object to the PSR’s statement that he “recruited Wornick and Sella” into the conspiracy. Although the district court did not explicitly find that Vasquez recruited two of his co-conspirators, “[i]t is the law of this circuit that a failure to object to allegations of fact in a[PSR] admits those facts for sentencing purposes.” United States v. Wade, 458 F.3d 1273, 1277 (11th Cir.2006). And we have held many times that a defendant’s recruitment of co-conspirators supports a § 3B1.1 enhancement. See, e.g., United States v. Thomas, 446 F.3d 1348, 1355 n. 2 (11th Cir.2006) (<HOLDING>); United States v. Ndiaye, 434 F.3d 1270, 1304 
 Holding statements: (A) holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under  3bllc in part because the defendant actively recruited two individuals to transport drugs (B) holding that the district court did not clearly err in finding that the defendant was a manager or supervisor under  3bllb in part because he recruited accomplices (C) holding that trial court did not err (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that the district court did not clearly err in finding that the defendant was an organizer or leader under  3blla in part because he recruited coconspirators

Ex Output:
(E)


Ex Input:
is adverse to its interests. Lamar cites no authority establishing that either “fact” was material to determining whether City exceeded the scope of its powers by surrendering and contracting away zoning authority that would otherwise have applied to Lamar’s efforts to rebuild or relocate eight of the forty-two signs identified in the Agreement. For reasons we explain, neither factual contention prevented the entry of summary judgment in favor of City as a matter of law. We have already explained that the Agreement hindered City’s zoning authority, and that zoning authority is an exercise of police powers. City thus established all that was necessary to demonstrate that the Agreement exceeded the scope of City’s powers in violation of section 432.070. Stewart, 165 S.W.2d at 629 (<HOLDING>). It is true that “[t]he due process clauses of 
 Holding statements: (A) recognizing governmental interest in rehabilitation (B) holding that a local governmental body exceeds its jurisdiction under crcp 106a4 when it exercises discretion it does not have (C) holding that if a contract surrenders or contracts away governmental functions then it exceeds the scope of a governmental entitys powers and is void (D) holding governmental immunity is no defense to contractual liability (E) holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary

Ex Output:
(C)


Ex Input:
(D.P.R.2006) ("The motion as to preliminary injunction is DENIED as the Court considers that the preliminary in-junctive relief in this case, being one to determine likelihood of success and there being no 'smoking gun’ evidence, precludes the Court, at this stage, from deciding issues of credibility, weighing of evidence, and issues of motive and intent in order to determine the required injunctive criterion of ‘likelihood of success.' The Court is of the opinion that the described issues are outcome determinative to be made by the jury.”); Franklin v. Ciroli, 865 F.Supp. 940, 947 (D.Mass. 1994) (Tauro, J.) (citing Spencer Co., 489 F.2d at 707); Data Gen. Corp. v. Grumman Sys. Support Corp., 1988 WL 159936, *4, No. 88-0033-S, 1988 U.S. Dist. LEXIS 16427, at *11 (D.Mass. Dec. 29, 1988) (<HOLDING>). See also Waldmann Lighting Co. v. Halogen 
 Holding statements: (A) recognizing that the district court is not bound by its prior factual findings determined in a preliminary injunction hearing (B) holding preliminary injunction improper where it exceeded the relief sought and granted the same relief which would have been given in a final order of permanent injunction (C) holding that plaintiffs were not entitled to a preliminary injunction (D) holding that a hearing must be held to determine credibility in preliminary injunction cases (E) recognizing the inappropriateness of a preliminary injunction where credibility determinations must be made but granting a preliminary injunction because the legal and factual issues have been sufficiently illuminated

Ex Output:

(E)