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]: issue, we need not consider the second argument raised. 7 . In a dissent to Smith, Judge Friedman, joined by Judges Pellegrini and Kelley, objected to following the Miller/Lewis/Selan line of cases which automatically equated the refusal to sign a hospital consent form with a refusal to submit to chemical testing. The dissenting judges expressed preference for the other line of caselaw, particularly Conrad, and noted that because Smith orally agreed to the blood test and only refused to sign the hospital consent form, which was a pre-test procedure linked to the test, although not required by section 1547, Smith did not make a knowing and conscious refusal to submit to chemical testing. 8 . Wheatley v. Commonwealth, Department of Transportation, 104 Pa.Cmwlth. 171, 521 A.2d 507 (1987) (<HOLDING>). 9 Although Renwick does not expressly 
 Holding statements: (A) holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 (B) holding that refusal to consent to search cannot support a finding of reasonable suspicion (C) holding that refusal to submit to breathalyzer test did not result from custodial interrogation (D) holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 (E) holding that a district court did not clearly err in crediting agents testimony that a defendant had orally consented despite his refusal to sign consent form
[A]: (D)


[Q]: omitted). Even if we were to do so, it would not change the outcome, since we see no error in the district court’s ruling regardless of whether the robbery and drug conspiracy were related. 3 . This course of action is permissible, though "we have repeatedly mentioned 'our strong preference for James proceedings.' ” United States v. Townley, 472 F.3d 1267, 1273 (10th Cir.2007) (quoting United States v. Owens, 70 F.3d 1118, 1123 (10th Cir.1995)). 4 . The conspiracy supporting the introduction of the out-of-court statement need not be the same as the conspiracy charged in the indictment, so long as the statement was in furtherance of the uncharged conspiracy. United States v. Gigante, 166 F.3d 75, 82 (2d. Cir.1999); see also United States v. Evans, 970 F.2d 663, 675 (10th Cir.1992) (<HOLDING>). 5 .Burnett testified at one point that he had 
 Holding statements: (A) holding that a failure to instruct the jury on additional uncharged conspiracies is not reversible error so long as the jury is instructed that the government has the burden to prove the charged conspiracy (B) holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme (C) holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error (D) holding failure to instruct jury on requirement of corroboration of informants testimony is error (E) holding that the failure to properly instruct the jury on the burden of proof required a new trial
[A]: (A)


[Q]: or creating documents with mistakes on them and signing my name to them to make me appear as if I had been inaccurate .... ” Paragraph 25: The sentence “I confidentially complained about this behavior to Bruce Smith, who, instead of taking action to prevent Burchfield from continuing her pattern of behavior toward me, apparently told Burchfield to counsel me.” Paragraph 32: The sentence “I believe that this move was the beginning point of a concerted effort to remove me from the workplace based on my age.” Paragraph 36: The sentence “I believe that Albertson’s did not provide all of the time sheets from all vendors of temporary help.” Paragraph 37: The sentence “I believe that my combination of formal college education and experience, even though I did not obtain a co h Cir.1983) (<HOLDING>). With respect to paragraphs 22, 28, 34, 39, 
 Holding statements: (A) holding a single conversation to be sufficient evidence of dissolution to preclude summary judgment (B) holding that mere conclusion of affiant without some supporting facts are insufficient to raise fact issue necessary to preclude summary judgment (C) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (D) recognizing that the plaintiffs mere assertions that the defendant had a discriminatory intent were inadequate without substantial factual evidence to raise an issue to preclude summary judgment (E) holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party
[A]:
(D)