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:
any meaning at all, I do not think that [the defendant’s statement that he had a .357 magnum and that no one would get hurt if she put the money in the bag] can reasonably be said to constitute an ‘express threat of death,’ U.S.S.G. § 2B3.1(b)(2)(F). What was conveyed here was, at most, an implicit threat of serious bodily injury or death.”). We agree with the reasoning of the Eleventh Circuit, and views of Judges Easterbrook and Arnold that to satisfy the qualifier “express,” a defendant’s statement must distinctly and directly indicate that the defendant intends to kill or otherwise cause the death of the victim. Because four of the five examples in Application Note 6 do not, they are not controlling. See Stinson v. United States, 508 U.S. 36, 113 S.Ct. 1913, 123 L.Ed.2d 598 (1993)(<HOLDING>). Similarly, reliance on the commentary’s 
 Holding statements: (A) holding that commentary in sentencing guidelines that interprets or explains a guideline is authoritative unless it violates the constitution or a federal statute or unless it is plainly erroneous or inconsistent with the guideline it interprets (B) recognizing the guidelines commentary is authoritative (C) holding that sentencing guidelines commentary must be given controlling weight unless it violates the constitution or a federal statute or is plainly inconsistent with the guidelines itself (D) holding that guidelines commentary is generally authoritative (E) holding that where the commentary to a guideline is at odds with another provision of the guidelines the guideline prevails
answer:
(A)


question:
evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination
answer:
(C)


question:
the order or judgment using a common-law writ of certiorari. In addition to this statutory requirement, persons seeking judicial review of a board of zoning appeals decision must have been parties to the proceeding before the board. Levy v. Board of Zoning App., No. M1999-00126-COA-R3-CV, 2001 WL 1141351, at *5 (Tenn.Ct.App. Sept.27, 2001) (No Tenn. R.App. P. 11 application filed). Both TenmCode Ann. § 13-7-206(b) and Tenn.Code Ann. § 27-9-101 authorize persons who are “aggrieved” to appeal, first to the Board and then to the courts. Extending the authority to appeal and to seek judicial review to all persons who are “aggrieved” reflects an intention to ease the strict application of the customary standing principles. Federal Election Com’n v. Akins, 524 U.S. at 19, 118 S.Ct. at 1783 (<HOLDING>). It is desirable that land use matters be 
 Holding statements: (A) holding that title viis term a person claiming to be aggrieved demonstrated congressional intent to confer standing to the fullest extent permitted by article iii (B) holding that congress may dispense with prudential standing requirements (C) holding that article iii constitutional standing must be addressed before considering lanham act prudential standing (D) recognizing prudential concerns underlying antitrust standing restrictions (E) holding that hfistory associates the word aggrieved with a congressional intent to cast the standing net broadly  beyond the commonlaw interests and substantive statutory rights upon which prudential standing traditionally rested
answer:

(E)