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: an insurer to await the filing of a complaint against its insured will force insurers to defend claims that are unlikely to result in a duty to indemnify. We recognize the reality of Patrons’s concerns. We conclude, however, that the rationale supporting the comparison test outweighs those concerns. See Dingwell, 414 A.2d at 227. “We have always recognized that the application of the comparison test will occasionally requ dgment action before the injured claimant filed an action against the insured. Dolley, 669 A.2d at 1321. Rather than rejecting the action on ripeness grounds, we determined the insurer’s duly to defend vel non on the basis of what the corn-plaint might have alleged, in view of the parties' stipulation. Id. at 1323. 5 . See State Mut. Ins. Co. v. Bragg, 589 A.2d at 38 (<HOLDING>); Perreault v. Maine Bonding & Cas. Co., 568 
 Holding statements: (A) holding insurers duty to defend is determined by allegations in the petition (B) holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor (C) holding that an insurers duty to defend arises from the allegations in the complaint against the insured (D) holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss (E) holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend
Example Output: (E)

Example Input: remedy which is neither inadequate nor ineffective to test the legality of a person’s detention.” Swain v. Pressley, 430 U.S. 372, 381, 97 S.Ct. 1224, 51 L.Ed.2d 411 (1977); see also St 06 (11th Cir.2006) (per curiam) (same). Whether RIDA created an adequate substitute for habeas corpus for those aliens to whom a petition for review is available, however, is different from whether RIDA created any adequate substitute for those aliens for whom it is no longer available. Unlike in previous cases where we have upheld RIDA against Suspension Clause challenges, Singh never had the ability to obtain judicial review of the merits of his removal through a petition for review filed within 30 days of his removal order. Cf. Puri, 464 F.3d at 1043; Iasu v. Smith, 511 F.3d 881, 888 (9th Cir.2007) (<HOLDING>). By the time RIDA created jurisdiction in this 
 Holding statements: (A) holding that federal habeas corpus relief does not lie for errors of state law (B) holding that threeyear statute of limitations was not an unconstitutional suspension of the writ of habeas corpus (C) holding that  109g2 does not apply when the creditor seeking relief in the first case received the requested relief (D) holding that a rule 60b motion that presents grounds entitling a petitioner to habeas corpus relief or seeks to add a new ground for relief requires authorization (E) holding that ridas elimination of habeas corpus does not violate the suspension clause where the petitioner had a means for seeking relief direct review  and simply failed to pursue the relief that the statutory scheme allows
Example Output: (E)

Example Input: to them predicate acts that the jury verdicts did not. Similarly, Barragan argues that the court erred in attributing to him predicate acts of which he was acquitted or which were not formally charged in the indictment. These arguments fail. District courts are generally “free to make factual determinations not made by the jury and may base their ultimate decisions regarding the length of a convicted criminal’s sentence on these determinations.” United States v. Staten, 466 F.3d 708, 719 (9th Cir. 2006). Like our sister circuits, we have held that district courts may consider criminal conduct that the jury did not find—indeed, even conduct for which the jury acquitted—in setting the offense level for RICO sentences. See United States v. Mercado, 474 F.3d 654, 657 (9th Cir. 2007) (<HOLDING>); Carrozza, 4 F.3d at 77 (holding that 
 Holding statements: (A) holding sentencing courts may consider evidence of conduct or charges of which a defendant was acquitted (B) holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct (C) holding that the district court could constitutionally consider the acquitted conduct in rico sentencing (D) holding that district court may treat acquitted conduct as relevant conduct at sentencing (E) holding that a district court may not impose a sentencing enhancement based on conduct of which the jury acquitted the defendant
Example Output:
(C)