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]: positions, the defendants did not, and have not, filed a motion to withdraw the reference. Accordingly, this court finds that any right to a jury trial is waived. Stainer v. Latimer (In re Latimer), 918 F.2d 136 (10th Cir.1990), cert. denied, 502 U.S. 863, 112 S.Ct. 186, 116 L.Ed.2d 147 (1991) (court finding a defendant’s request for a jury trial was properly denied where defendants never requested withdrawal of the reference); See In re Chemetco, Inc., 308 B.R. 339 (Bankr.S.D.Ill.2004) (distinguishing Latimer because in Latimer no motion was ever filed, but in Chemetco, the court had discretion on timeliness issue when motion to withdraw reference was filed only seven days after the jury demand); Consolidated Industries Corp. v. Welbilt Holding Co., 254 B.R. 237, 241 (N.D.Ind.2000) (<HOLDING>). 28 U.S.C. § 157 requires that a party file a 
 Holding statements: (A) recognizing the right to waive a jury trial (B) holding that the trial court abused its discretion in not allowing defendant to withdraw his waiver of jury trial where a lengthy continuance already had been granted (C) holding that a trial courts refusal to withdraw a jury waiver ordinarily does not implicate the federal constitutional right to a jury trial (D) holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver (E) holding with or without a local rule so requiring failure to file motion to withdraw the reference when jury demanded was a waiver of right to jury trial
[A]: (E)


[Q]: defendant to trust the advice of his counsel in weighing the immigration consequences of his decision. Petitioner’s counsel advised him that he would “in all likelihood, receive a sentence of only one to three years’ imprisonment.” (Id.) The fact that this turned out to be true, buttresses the court’s conclusion that it was reasonable for Petitioner to rely on his counsel’s advice in making his immigration decisions. Second, and more importantly, however, case law before IIRIRA held that even an alien who received a sentence longer than five years might have maintained eligibility for § 212(c) relief, provided that the alien had not served five years of his sentence at the time of his removal hearing. See Matter of Ramirez-Somera, 1992 WL 301623, 20 I. & N. Dec. 564, 566 (BIA 1992) (<HOLDING>). Thus, the fact that Petitioner could have 
 Holding statements: (A) holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony (B) holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc  1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties (C) holding that a potential prison sentence of up to five years was clearly serious (D) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced (E) holding that an immigrant defendant is eligible for  212c relief despite having been sentenced to a fifteen year prison term because he had not yet served five years of the sentence
[A]: (E)


[Q]: distribute cocaine, LSD, and mushrooms could not later assert that he only knew about cocaine). We decline to follow the reasoning of Tolson and Eaves, being persuaded that the better reasoning limits the effect of a guilty plea to an admission of the facts essential to the validity of the conviction. The appropriate course is not, as the government argues, for the defendant to “delete this [overt] act from the guilty plea,” but rather, for the government at the plea colloquy to seek an explicit admission of any unlawful conduct which it seeks to attribute to the defendant. Having failed to do so, the government must follow the normal procedure of proving relevant conduct at sentencing by a preponderance of the evidence. Cf. United States v. Gilliam, 987 F.2d 1009, 1014 (4th Cir.1993) (<HOLDING>). Because the government did not prove, and the 
 Holding statements: (A) holding that an inference of intent to distribute was not warranted from the possession of one ounce of cocaine (B) holding that a plea to an indictment charging a 28member conspiracy involving possession with intent to distribute or distribution of 30 kilograms of cocaine did not relieve the government of proving at sentencing the amount attributable to the defendant (C) holding similar evidence sufficient to sustain a jury verdict of possession with intent to distribute cocaine (D) holding no unfair prejudice from admission of conviction for possession of 50 to 200 pounds of marijuana with intent to distribute as evidence of intent to distribute cocaine (E) holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute
[A]:
(B)