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:
with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) (“[W]e elect to review the district court’s application of the advisory sentencing guidelines only insofar as they do not involve departures.”); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for 
 Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law
answer:
(E)


question:
second and third elements under Fed.R.Civ.P. 24(a)(2), the existence of a sufficient interest, and whether disposition of that interest would effectively impede the putative intervenors’ ability to protect that interest. Among the interests that satisfy these criteria are injury to reputation, see Penthouse Int'l Ltd. v. Playboy Enterprises, Inc., 663 F.2d 371, 373, 392 (2d Cir.1981), need to protect the attorney-client privilege, see In re Katz (Jamil v. United States), 623 F.2d 122 (2d Cir.1980), and need to protect the attorney work-product privilege. See United States v. AT & T, 642 F.2d 1285, 1290-92 (D.C.Cir.1980), citing, Reisman v. Caplin, 375 U.S. 440, 445, 84 S.Ct. 508, 511-12, 11 L.Ed.2d 459 (1964); see also In re Grand Jury Proceedings, 735 F.2d 1330, 1331 (11th Cir.1984) (<HOLDING>); In re Grand Jury Proceedings, 604 F.2d 798, 
 Holding statements: (A) recognizing that a district court should allow intervention by a client in the first instance as soon as the attorneyclient privilege issue is raised (B) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (C) holding that where an issue is raised in the district court but raised late and the district court declines to deem the issue waived the issue may be raised on appeal (D) recognizing intervention to assert both the attorneyclient and work product privileges (E) holding that the information is not protected by attorneyclient privilege
answer:
(A)


question:
August 2001. He then made a payment of $658.19 in October 2001 but did not make any other payments until a year later, on October 28, 2002, when he began making weekly payments of $155.48 through the first week of December 2002 (for a total of six payments). In addition, on December 5, 2002, Roberts made two payments in the amounts of $2,250.00 and $1,363.95. 10 . We do not address the remainder of the issue, in which Roberts asks the court to remand the case for consideration of his attorney’s fees, because he provides no discussion or citation to authority for this request and because he does not point us to anywhere in the record showing that he requested attorney’s fees from the trial court. See Hall v. Stephenson, 919 S.W.2d 454, 466-67 (Tex.App.-Fort Worth 1996, writ denied) 
 Holding statements: (A) holding that an appellate court may review the entire record to determine whether hearsay statements are sufficiently reliable (B) holding that appellate court will not consider an argument on appeal that is different from the specific argument presented to the trial court even if it relates to the same general issue (C) holding that an appellate court is not required to search the appellate record with no guidance from the briefing party to determine if the record supports the partys argument (D) holding the appellate standard of review in fourth amendment search and seizure cases is limited to determining whether any evidence supports the trial courts finding and the appellate court may only reverse where there is clear error (E) holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error
answer:

(C)