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.

Ex Input:
Id. The district court excluded this portion of the expert’s testimony. Id. at 1397. Relying on Downing, the Third Circuit reversed. Id. at 1401. We agree that expert testimony on eyewitness identification may properly be admitted under Daubert in certain circumstances, but Stevens simply does not persuade us that the district court abused its discretion in the instant case. We note that here there were five eyewitness identifica tions, not one. Likewise, as counsel for the government pointed out at argument, there was also testimony that Mr. Smith changed his alibi. In this admittedly close case, we hold only that the district court did not abuse its discretion in excluding the testimony under the circumstances. See United States v. Blade, 811 F.2d 461, 465 (8th Cir.1987) (<HOLDING>); United States v. Smith, 736 F.2d 1103, 
 Holding statements: (A) holding admissible expert testimony concerning factors that may impair eyewitness identification and rejecting that concerning a particular eyewitness credibility and the statistical probability of eyewitness misidentification (B) holding no abuse of discretion to exclude expert eyewitness identification testimony where governments case relied on more than eyewitness identification (C) holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony (D) holding that a specific instruction was unnecessary because eyewitness was crossexamined and the eyewitness testimony was discussed in defense counsels opening statement (E) holding exclusion of expert eyewitness identification testimony harmless error where governments case included three separate eyewitnesses and a palm print that discredited the defendants alibi

Ex Output:
(B)


Ex Input:
Raye Ellen Stiles appeals pro se from the district court’s summary judgment in her action alleging, among other claims, housing discrimination. We have jurisdiction under 28 U.S.C. § 1291. We review de novo and may affirm the district court on any ground supported by the record. Crowley v. Nevada, 678 F.3d 730, 733-34 (9th Cir.2012). We affirm. Summary judgment on Stiles’ claims for intentional infliction of emotional distress, aggravation of preexisting conditions, and public humiliation was proper because she already litigated these claims in Arizona state court, and, thus, res judicata precludes her from bringing such claims in federal court. See Sunkist Growers v. Fisher, 104 F.3d 280, 283-84 (9th Cir.1997) (<HOLDING>). Summary judgment on Stiles’ federal claims 
 Holding statements: (A) holding that a person has standing to bring suit under the civil rights act if she or he can show that she or he was punished for trying to vindicate the rights of minorities (B) holding that plaintiff had standing to bring a rico conspiracy claim despite his inability to bring a substantive rico claim (C) holding that while parents may not bring a title ix claim as individuals they may bring such claim on behalf of a deceased child (D) holding that under arizona law a litigant may not bring a claim identical to one she has previously litigated (E) holding that plaintiffs may bring a section 1983 claim for damages to vindicate their rights under idea

Ex Output:
(D)


Ex Input:
publication, regardless of the circumstances, and even though the broad ban on publication may not be necessary to effectuate the state’s interests, the statute fails the strict tests for overbreadth set out in The Florida Star and Daily Mail and, therefore, is patently violative of the First Amendment. STATE’S RESPONSE TO OVERBREADTH PROBLEM Notwithstanding the above, the state contends this court can transform the “problems” noted herein, and by The Florida Star Court, into affirmative defenses, so that the statute’s constitutionality can be salvaged. The state directs us to a number of instances where Florida courts have, without legislative sanction, created affirmative defenses to avoid a variety of constitutional problems. E.g., Herrera v. State, 594 So.2d 275, 277 (Fla.1992) (<HOLDING>); State v. Glosson, 462 So.2d 1082 (Fla.1985) 
 Holding statements: (A) holding an inducement to commit a crime by a private party who has no government involvement does not establish an entrapment defense (B) holding that if the undisputed testimony of the prosecutions witnesses establishes or corroborates an entrapment defense entrapment is established as a matter of law (C) recognizing laches as an affirmative defense (D) holding the defendant is entitled to an entrapment instruction when sufficient evidence exists from which a reasonable jury could find entrapment (E) recognizing entrapment as a judicially created affirmative defense designed to protect a defendant from being found guilty of a crime where the government instigated the conduct

Ex Output:

(E)