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:
judgment of the district court denying his petition for a writ of habeas corpus. We assume the parties’ familiarity with the fac appealability on ineffective assistance of counsel, the “cause” Hernandez assigns for his procedural default, suggests that it intended to allow review of the procedural bar. However, even assuming that the district court wished this court to review its procedural bar finding or that we would grant a certificate of appealability on this issue, the correctness of the district court’s central holding — that there was no error, constitutional or otherwise — in the state trial court’s charge on intent is dispositive. The test for finding charge-based constitutional error is a strict one. See Cupp v. Naughten, 414 U.S. 141, 146, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973) (<HOLDING>). We see no basis for finding a Fourteenth 
 Holding statements: (A) 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 (B) holding that a trial court does not commit plain error unless the error is clear under current law (C) holding that any error was harmless and thus not plain error (D) 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 (E) holding that when defendant properly objects to charge error reversal required unless error was harmless
answer:
(D)


question:
background nor his current offense can support the conclusion that he is a worst offender. The maximum sentence was therefore not justified. In deciding to impose the maximum sentence, Judge Michalski relied primarily on his conclusion that Skrepich was incapable of rehabilitation and could not personally be deterred. The judge thus gave primary emphasis to the need to protect the public by isolating Skrepich from the community. While the judge also indicated that a lengthy sentence would serve the sentencing goals of general deterrence and community condemnation, it seems clear that these goals could not, in themselves, support the imposition of a maximum, ten-year term for a first offender convicted of a class B felony. See Pears v. State, 698 P.2d 1198, 1204-05 (Alaska 1985) (<HOLDING>). The appropriateness of the maximum term 
 Holding statements: (A) holding that the district courts failure to explain the effect of supervised release was harmless where the maximum term of incarceration under the actual sentence of imprisonment and supervised release less than six years as well as his worstcase scenario less than nine years was less than the maximum term of incarceration twenty years al lowed by law (B) holding that a defendant may be convicted of felony murder when the death of his accomplice was a reasonably foreseeable result of their commission of a felony (C) holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder (D) holding that a term of substantially less than twenty years would serve the objectives of general deterrence and community condemnation in the case of a first offender convicted of seconddegree murder an unclassified felony (E) holding that twenty years was not excessive for second felony offender convicted of simple burglary
answer:
(D)


question:
a cognizable claim under § 1983, doc. 20, p. 10, but fails to address whether such harassment, if done in retaliation for an inmate’s having filed a lawsuit, would state a claim. It is well settled in this circuit that “prison officials may not retaliate against an inmate for exercising a constitutionally protected right.” Adams v. James, 784 F.2d 1077, 1082 (11th Cir.1986) (reaffirming the principle that “prison officials may not retaliate against an inmate for exercising a constitutionally protected right.”), relying on Bridges v. Russell, 757 F.2d 1155 (11th Cir.1985). See also Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th Cir.l997)(reversing the district court’s dismissal of an inmate’s First Amendment claim for retaliation); Harris v. Ostrout, 65 F.3d 912, 916-17 (11th Cir.1995) (<HOLDING>); Wildberger v. Bracknell, 869 F.2d 1467, 1468 
 Holding statements: (A) holding that a prisoners allegations that a corrections officer retaliated against the prisoner for the prisoners report charging the officer with misconduct properly stated a claim for retaliation noting that aji allegation of retaliation should not be ignored simply because the charge was later dismissed  (B) recognizing first amendment retaliation right (C) recognizing first amendment retaliation claim where official filed a disciplinary report following an inmates filing of a grievance (D) holding that summary judgment was inappropriate on first amendment claim where prisoner submitted affidavits by other prisoners which inferred that the defendants statements suggested he had filed disciplinary reports against plaintiff in retaliation for eailier litigation (E) holding that appellant had submitted sufficient evidence of racebased retaliation to survive summary judgment on his  1981 claim
answer:

(D)