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.

Example Input: Cote’s bias, Hayat alleges, first, that Cote made “several inappropriate racial and religious comments during deliberations.” Hayat presented evidence from Jurors L. and B., as well as from Juror H. via an affidavit by Ha-yat’s private investigator, that Cote made a “racial” comment during deliberations. B. declared that “[d]uring the deliberation process, ... Cote[ ] made the statement they all looked the same when wearing a costume or when put in a costume. I believe Mr. Cote made this statement in connection with a discussion of witness Naseem Khan’s claim that he had seen Ayman al-Zawahiri in Lodi.” Similarly, L. stated that “[djuring deliberations Mr. Cote made racial slurs. As an example, on one occasion ... he said in front of the entire group that they a 236-39 (10th Cir.2008) (<HOLDING>). Where, however, “a juror has been asked 
 Holding statements: (A) holding rule 16a1a does not include statements made by coconspirators even if those statements can be attributed to the defendant for purposes of the rule against hearsay (B) holding that rule 606b contains no exception for racially biased statements made during jury deliberations and expressing skepticism about whether constitutional concerns can ever override the rule (C) holding that federal rule of evidence 8034 the hearsay exception for statements made for medical diagnosis or treatment does not apply to statements made by doctors (D) recognizing rule (E) holding that the arkansas counterpart to cre 606b applies whether a verdict is reached or a mistrial declared and under the extraneous information exception allows jurors to testify about statements made during deliberations
Example Output: (B)

Example Input: 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
Example Output: (D)

Example Input: that the court applied the correct standard in making its determination, we will not disturb the court's conclusion that there was sufficient evidence for the consent issue to go to the jury. The victim testified that she either told Defendant that "it hurt" and to "stop" or told him, "No." The victim recounted that she held her arms in such a way as to stop Defendant from continuing to touch her inappropriately. The victim testified that she thought she should scream and that in her mind she was seream-ing but no sound came out. Nonetheless, at one point Defendant asked her to be quiet, so as not to disturb other customers in neighboring rooms. "14 Defendant contends that the vie-tim's testimony was inherently unbelievable. See State v. Robbins, 2009 UT 23, ¶ 16, 210 P.3d 288 (<HOLDING>). We agree that there were some inconsistencies 
 Holding statements: (A) holding that where testimony is inherently improbable the court may choose to disregard it (B) holding that a court is not bound to accept testimony at face value even when it is uncontroverted if it is improbable unreasonable or questionable internal citation omitted (C) holding that it may not (D) holding that an immigration judge may base a credibility determination on the lack of corroborating evidence if the judge also encounters inconsistencies in testimony contradictory evidence or inherently improbable testimony (E) holding the tax court not bound to accept taxpayers uncontradicted testimony if it found the testimony to be improbable unreasonable or questionable
Example Output:
(A)