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.

[Q]: Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed “plain.” c. Did the plain error affect Thomas’s substantial rights? An error affects a defendant’s “substantial rights” if it is “prejudicial” and it “affected the outcome of the district court proceedings.” Gore, 154 F.3d at 47. “Though ‘prejudice’ is also required to show that an error is not ‘harmless,’ pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that ‘[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65, 
 Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error
[A]: (D)


[Q]: for a mitigating role adjustment pursuant to U.S.S.G. § 3B1.2. Section 3B1.2 “authorizes a four-level reduction in offense level if the defendant is deemed a ‘minimal’ participant in the criminal activity! ] [and] a two-level reduction if he is deemed a ‘minor’ participant....” United States v. Skinner, 690 F.3d 772, 783 (6th Cir. 2012). The difference between “minimal” and “minor” is “not just semantic,” United States v. Lopez, 937 F.2d 716, 728 (2d Cir. 1991), and the standards are not interchangeable. See U.S.S.G. § 3B1.2 cmt. n. 5 (defining a “minor participant” as “a defendant ... who is less culpable than most other participants in the criminal activity, but whose role could not be described as minimal”) (emphasis added); United States v. Friedman, 998 F.2d 53, 60 (2d Cir. 1993) (<HOLDING>). Both Griffith and the Government focus their 
 Holding statements: (A) recognizing this distinction (B) holding that there is no distinction in the right to jury trial between sentencing factors and elements (C) recognizing distinction between two types of waiver (D) holding that the district court improperly used the two different standards under ussg  3b12 interchangeably thus blurring the distinction between section 3b12a and b (E) recognizing distinction between tolling and estoppel
[A]: (D)


[Q]: for the jury was whether Dr. Cooper consented, and not whether a battery had been committed. Id. at 4-6. The trial court again overruled Appellants’ objection. Following deliberations, the jury answered the aforementioned inquiry in the negative, finding that no battery had been committed. The jury further found in favor of Appellees on all remaining claims. On appeal, Appellants raised various issues. Relevant here is their challenge to the jury instruction on lack of consent. The trial court explained in its Pa.R.A.P. 1925(a) opinion that there is no separate tort of lack of consent, and that an action based on the absence of a patient’s consent constitutes a battery. Trial Court Opinion, dated 10/15/09, at 8-9 (citing Montgomery v. Bazaz-Sehgal, 568 Pa. 574, 798 A.2d 742 (2002) (<HOLDING>)). Thus, the trial court found that its 
 Holding statements: (A) holding that battery is an inherently included offense of aggravated battery (B) holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two (C) holding that an operation without the patients consent sounds in battery (D) holding that in pennsylvania lack of informed consent claims utilize a battery standard that is a physician commits battery where the patient does not consent to the procedure on his person thus constituting a harmful or offensive contact (E) holding that a patient who endures an operation without his consent may base his action on a tortious battery
[A]:
(C)