instruction:
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.
question:
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
answer:
(E)


question:
to the poisonous tree”) (quoting Olivares-Rangel, 458 F.3d at 1117). To be able to object to the police conducting an illicit protective sweep of the Gonzalez residence, Defendant would have to have some basis to claim that the sweep violated his rights. He does not. We conclude, therefore, that his subsequent detention was lawful. 2. Defendant’s detention occurred after the police had conducted the sweep of Gonzalez’s residence, and only an individual with a legitimate expectation of privacy in the residence could object to the sweep. After entering the garage, officers acted reasonably in detaining Defendant when they caught him red handed with large quantities of marijuana, cuttings tools, and scales in plain sight. See United States v. Turner, 553 F.3d 1337, 1344 (10th Cir.2009) (<HOLDING>). We reject any contention that the officers 
 Holding statements: (A) holding that the standard of probable cause applies to all arrests without the need to balance the interests and circumstances involved in particular situations thus an officer may without violating the fourth amendment arrest an offender if probable cause exists to believe that an individual has committed even a very minor criminal offense in his presence (B) holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it (C) holding that warrantless arrest based on probable cause did not violate the fourth amendment (D) holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed (E) holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed
answer:
(D)


question:
this approach have found the refusal to admit wrongdoing a willful and substantial violation because upon becoming aware of the admission requirement, the offender should have made a motion to withdraw the plea or vacate the judgment. Staples, 161 So.3d at 562; Mills, 840 So.2d at 466-67; Archer, 604 So.2d at 563. Having done neither, the offender can have his or her probation revoked by the trial court, regardless of whether the offender was made aware of the requirement prior to the entry of the plea. Staples, 161 So.3d at 562; Mills, 840 So.2d at 466-67; Archer, 604 So.2d at 563. On the other hand, the conflict cases consider the program requirement of admitting wrongdoing to be a new, additional condition of probation, not imposed by the trial court. Bennett, 684 So.2d at 243 (<HOLDING>); Bell, 643 So.2d at 675 (“The probation order 
 Holding statements: (A) holding that there was no willful or deliberate violation of probation where probationer was absent from meeting of sex offender program due to inept and negligent conduct (B) recognizing that before a special condition of probation may be imposed there must be an oral pronouncement of the condition at sentencing (C) holding trial court not required to provide a complete list of each and every term and condition of probation (D) holding defendant was placed in classic penalty situation when he was required as condition of probation to participate in treatment program that required participants to disclose their offense history (E) recognizing that probation condition required probationer to enter into and successfully complete a sex offender treatment program but finding that no condition of probation was imposed that required him to admit to a counselor the sexual acts charged
answer:

(E)