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: of purely legal questions, such as whether a given set of facts alleged by the plaintiffs would demonstrate a constitutional violation. 4 . We note that the record contains no indication that the OSHP employs explicit racial criteria or admits to racially-motivated decision making. If such a showing could be made, the plaintiffs would not need to establish the existence of a similarly situated class that was not investigated. See Brown v. City of Oneonta, 221 F.3d 329, 337 (2d Cir.2000) ("[I]t is not necessary to plead the existence of a similarly situated non-minority group when challenging a law or policy that contains an express, racial classification.”), cert. denied, — U.S. -, 122 S.Ct. 44, 151 L.Ed.2d 16 (2001); cf. United States v. Ovalle, 136 F.3d 1092, 1104-05 (6th Cir.1998) (<HOLDING>). "In its more recent pronouncements on laws 
 Holding statements: (A) holding that it is unnecessary for criminal defendant to establish threeprong test for discrimination in grand jury selection where there is direct evidence of exclusion based upon race (B) holding that a defendants guilty plea   forecloses independent inquiry into the claim of discrimination in the selection of the grand jury (C) holding that racial discrimination in selection of grand jurors compelled dismissal of indictment (D) holding that although there was evidence of discrimination based on race there was insufficient evidence to support a finding of constructive discharge (E) holding that it is error to conduct most of the jury selection process in the absence of the defendant

A: (A)
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Q: ones in the present case, are capable of sustaining “direct physical loss or damage.” The definition of “physical,” as provided in the Oxford English Dictionary, is “[o]f or relating to natural phenomena perceived through the senses (as opposed to the mind); of or relating to matter or the material world; natural; tangible, conCrete.” Oxford English Dictionary, Ohio courts have recognized that “[m]oney deposited in a fund is intangible property,” Walther v. Central Trust Co., N.A., 70 Ohio App.3d 26, 32, 590 N.E.2d 375 (Ohio Ct.App.1990), and that “[i]ntangible personal property, by its very nature, is not capable of being physically possessed.” Denezza v. Denezza, 1996 WL 111812, *2, 1996 Ohio App. LEXIS 935, at *5 (Ct.App. Mar. 15, 1996) (citation omitted) (<HOLDING>); see also Falck v. United States, 2005 WL 
 Holding statements: (A) recognizing limited partnership interest as intangible personal property (B) recognizing that property not subject to physical seizure such as mutual fund shares are intangible property (C) recognizing that the government may seek a personal judgment specific property or substitute property (D) holding that plaintiffs may have a property interest in real property (E) recognizing that partnership property is a type of ownership

A: (A)
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Q: date of sentencing. See United States v. Labeille-Soto, 163 F.3d 93, 99 (2d Cir.1998) (“If the defendant has completed his state prison term before the federal sentence is imposed, § 5G1.3 does not apply, and his federal prison term cannot be imposed concurrently.”). While not technically incarcerated at the time of his sentencing, Scott nonetheless argues that his term of term of imprisonment was not “discharged” because New York law defines parole as a part of the sentence of imprisonment. See New York Penal Law § 70.40(l)(a) (“Release on parole shall be in the discretion of the state board of parole, and such person shall continue service of his or her sentence or sentences while on parole, in accordance with and subject to the provisions of the executive law and the c Cir.1996) (<HOLDING>); United States v. Ramirez, 252 F.3d 516, 519 
 Holding statements: (A) holding the iad was not applicable to a prisoner who had been sentenced but was incarcerated in a local jail or holding facility while awaiting transfer to the assigned penal institution (B) holding that because the defendant was not imprisoned  incarcerated in a penal institution  when he was sentenced  he was not subject to an undischarged term of imprisonment and could not invoke  5g13 (C) holding that the concurrent sentencing requirement of  5g13b  is only triggered when there is an undischarged term of imprisonment at the time of sentencing (D) holding that   3584a allows the district judge to specify the sequence of service of terms of imprisonment only when sentences are imposed at the same time or the other sentence is an undischarged term of imprisonment to which the defendant is already subject  (E) holding that a term of imprisonment begins at the time a prisoner is sentenced

A:
(B)
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