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]: Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed “plain.” c. Did the plain error affect Thomas’s substantial rights? An error affects a defendant’s “substantial rights” if it is “prejudicial” and it “affected the outcome of the district court proceedings.” Gore, 154 F.3d at 47. “Though ‘prejudice’ is also required to show that an error is not ‘harmless,’ pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that ‘[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65, 
 Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error
[A]: (D)


[Q]: includes a determination of the significance, if any, of the TNRC’s involvement. When the EPA in 1990 shifted from a “strict” to “substantial compliance” standard for private parties, it did so “to encourage private parties to perform voluntary cleanups of sites, and to remove unnecessary obstacles to their ability to recover their costs from the parties that are liable for the contamination.” 55 FecLReg. at 8792-93. The EPA expressly recognized that requiring private parties to adhere to a set of mechanical rules would impede this objective. Thus the list of public comment provisions identified in 40 C.F.R. § 300.700(c)(6) is only a “universe of requirements which are potentially relevant,” and should “not be c Ry. Co. v. Gee Co., 2002 WL 31163777, at *30 (N.D.Ill. Sept.30, 2002) (<HOLDING>); AlliedSignal, Inc. v. Amcast Int’l Corp., 177 
 Holding statements: (A) holding that government involvement must be accompanied by public comment because a purpose of ncp is to ensure that those responsible for the cleanup receive citizens input regarding environmental conditions in the community (B) holding that public participation requirement was satisfied in part because the ncp policy is  to allow potentially responsible parties an opportunity to comment before costs are incurred and no prps were denied an opportunity to comment (C) holding five day public comment period on a portion of an ea insufficient remanding for further public comment (D) holding that there was no abuse of discretion in denying mistrial based on a comment that the defendant was in prison where the comment provided the jury with little detail (E) holding that meetings with representatives of various affected parties were insufficient to meet public participation requirement because there was never an opportunity for the public at large to comment on the plan without explaining why such opportunity was necessary
[A]: (B)


[Q]: at the Bus Stop. If the City was required to install additional amenities under such circumstances, it would be required to install those amenities at virtually every City bus stop in an attempt to prevent all crime at those locations. This is not what the law requires. Martinez, 189 Ariz. at 210-11, 941 P.2d at 222-23 (stating premises owner must only do what is reasonable and is not an insurer of safety). Under the circumstances of this case, where there was no evidence that prior crimes had occurred at the Bus Stop, a reasonable jury could not find that the City breached the duty of care it owed Tiana because it did not install a $10,000 shelter and lighting at the Bus Stop. Gipson, 214 Ariz. at 143 n. 1, ¶ 9, 150 P.3d at 230 n. 1; cf. Martinez, 189 Ariz. at 212, 941 P.2d at 224 (<HOLDING>). ¶ 16 Tiana also contends that the City 
 Holding statements: (A) holding that active participation in a criminal street gang means that there is a relationship between the defendant and the gang that is more than nominal passive inactive or purely technical and that defendant must devote all or a substantial part of his time and efforts to the gang (B) holding that an expert in the field of gangs and gang codes of behavior including the requirements of members obedience silence and staunch defense of other gang members and the punishment meted out to a gang member who violates these requirements could testify because these were factual matters outside the experience of the average juror (C) holding summary judgment was inappropriate because defendant knew of gang incursions involving drugs and other criminal acts and could have taken reasonable precautions against harm (D) holding appellate counsel did not provide ineffective assistance of counsel by failing to appeal district courts decision to admit evidence that defendant was a member of a gang because gang membership was relevant to show motive and intent (E) holding that expert testimony from a detective about the reluctance of witnesses residents of gang neighborhoods to testify in cases involving gang activity is relevant to the credibility of a witness
[A]:
(C)