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.
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Question: in their Constitution, or from the Congress that the Constitution had empowered. We made a similar point in Nevada v. Hall, 440 U. S., at 416, where we considered a suit against a State in another State’s courts: “This [traditional] explanation [of sovereign immunity] adequately supports the conclusion that no sovereign may be sued in its own courts without its consent, but it affords no support for a claim of immunity in another sovereign’s courts. Such a claim necessarily implicates the power and authority of a second sovereign; its source must be found either in an agreement, express or implied, between the two sovereigns, or in the voluntary decision of the second to respect the dignity of the first as a matter of comity.” Cf. United States v. Texas, 143 U. S. 621, 646 (1892) (<HOLDING>). Subjecting States to federal jurisdiction in 
 Holding statements: (A) holding that an action cannot be maintained under young in unique circumstances where the suit against the state officer affects an essential attribute of state sovereignty in a manner that the action must be understood as one against the state (B) holding a states regulation of wyoming national guard was insufficient to implicate a special sovereignty interest because of the dual federal and state nature of national guard service (C) recognizing that a suit by the national government against a state does no violence to the inherent nature of sovereignty (D) holding the governors emergency powers to take private property for the public benefit was a special sovereignty interest but the relief requested was not so much of a divestiture of the states sovereignty to render the suit as one against the state itself (E) holding a suit against an agency of the state is a suit against the state

Answer: (C)


Question: Eighth Circuit and a pair of nonprece-dential decisions from this court, all of which assume that lying to a supervising probation officer is a violation of 18 U.S.C. § 1001(a), a felony. See United States v. Wagner, 573 Fed.Appx. 598, 598-99 (7th Cir. 2014); United States v. Quillman, 409 Fed.Appx. 18, 21 (7th Cir. 2011); United States v. Grimes, 54 F.3d 489, 491-92 (8th Cir. 1995). But Grimes was decided before Congress amended § 1001 to exempt from its coverage any false statement made to a “judge or magistrate” by a party in a “judicial proceeding,” 18 U.S.C. § 1001(b), and we haven’t yet considered whether, or to what extent, that exemption covers lies made to a probation officer by a person under supervision, compare United States v. Horvath, 492 F.3d 1075, 1076 (9th Cir. 2007) (<HOLDING>), with United States v. Vreeland, 684 F.3d 653, 
 Holding statements: (A) holding that probation is not a sentence (B) holding that defendants lies to probation officer preparing presentence report fall within  1001b exception if probation officer must include particular statement in report (C) holding defendants statement that presentence report was correct did not constitute admission to the nature and cireumstances of the crime reflected in the report (D) holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error (E) holding that the defendants statements to the probation officer were insufficient to satisfy the safety valves fifth requirement the probation officer is for purposes of  5c12 not the government

Answer: (B)


Question: authority. 9 As is evident from the majority's discussion of the standard of review, the majority does not address whether the circuit court's decision to grant Henley a new trial was an appropriate exercise of its discretion. Majority op., ¶¶ 28-29. Since I would hold the circuit court has the authority to grant a new trial here, I would review that decision under the erroneous exercise of discretion standard. Totsky, 233 Wis. 2d 371, ¶ 46; Pulaski, 23 Wis. 2d at 142 ("A motion to withdraw a plea of guilty and for a trial, as we deem the defendant's motions to be ... is a motion directed to the discretion of the court in the interest of justice which the court has the inherent power to hear."); Lee, 88 Wis. 2d at 246 (quoting Pulaski for this proposition); Schill, 93 Wis. 2d at 378 (<HOLDING>); Behning, 57 Wis. 2d at 186 ("An order for a 
 Holding statements: (A) holding that unless discovery is granted as a matter of statute court rule or the constitution discovery is within the discretion of the trial court whose ruling will be upheld on appeal absent an abuse of discretion (B) holding that a motion to vacate a judgment under fedrcivp 60b is addressed to the sound discretion of the trial court   citations omitted (C) holding that the decision whether to grant a continuance lies in the sound discretion of the trial court and will not bedisturbed absent an abuse of discretion (D) holding that the decision whether to grant a continuance lies in the sound discretion of the trial court and will not be disturbed absent an abuse of discretion (E) holding a motion to withdraw a guilty plea and grant trial is addressed to the sound discretion of the trial court and the supreme court will not upset the courts ruling unless there is a sufficient showing of abuse of discretion

Answer:
(E)