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.

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
(E)

constructive, or judicially imposed lien, or (4) asserted against real or personal property. See Tex. Gov’t Code Ann. § 51.903; Cardenas v. Wilson, 428 S.W.3d 130, 132 (Tex. App.Houston [1st Dist.] 2014, no pet.) (noting that 51.903 inquiry into mechanic’s lien determines only that mechanic’s lien is provided by Texas law, not whether the underlying mechanic’s lien was valid). If the motion requires greater inquiry, then it is a motion for declaratory judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 37.004(a) (West 2015); State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) (“We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it.”); Nguyen, 2016 WL 2343893, at *2 (citing Becker, 2010 WL 877569, at *2-3 (<HOLDING>)). A motion for declaratory judgment must be 
 Holding statements: (A) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion (B) holding motion requesting more relief than section 51903 provides was motion for declaratory judgment (C) holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment (D) holding that substance of motion to extend time was a section 1301f motion rather than a section 1301g motion and that trial court did not abuse discretion in denying the section 1301f motion (E) holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable 
(B)

the trial ...." Rule 3.11(B)(3)(b), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2006). This rule does not authorize a supplementation that attempts to establish that defense counsel objected to an action of the trial court, when such an objection is not documented in the official record of the case-particularly when the trial transcript indicates that defense counsel stated that he "agreed with" the trial court's action, and particularly when no one suggests that the transcript is inaccurate. This Court sees no reason to "supplement the record" with the proffered recollection of counsel. Hence Roy's SECOND MOTION TO SUPPLEMENT AND APPLICATION FOR EVIDENTIA-RY HEARING, tendered for filing on January 19, 2006, is hereby DENIED. 21 . 2006 OK CR 6, 130 P.3d 273 (<HOLDING>). 22 . Roy's trial was completed on June 15, 
 Holding statements: (A) holding that jurors should be instructed regarding the 85 rule contained within 21 02001  121  131 for crimes falling within this rule (B) recognizing this texas rule (C) recognizing rule (D) recognizing this rule (E) recognizing this as the general rule

(A)