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: is “doubtful that the judicial interpretation of advisory Sentencing Guidelines promulgated by an independent commission implicates either of the twin concerns that motivate the rule of lenity.,” United States v. Wright, 607 F.3d 708, 719 (11th Cir. 2010) (William Pryor, J., concurring). And in any event, the text of the guideline is clear—“ ‘prior sentence’ means a sentence imposed prior to sentencing on the instant Qffense,” U.S.S.G. § 4A1.2 cmt. 1. ' Burke’s alternative'ground for appeal— that the district court erred in calculating his sentence because his 1999 Florida conviction for armed robbery is not a “crime of violence” as that term is used in section 2K2.1(4)(A) of the Guidelines—is foreclosed by binding precedent. United States v. Fritts, 841 F.3d 937, 938 (11th Cir. 2016) (<HOLDING>); Lockley, 632 F.3d at 1246 (holding that a 
 Holding statements: (A) holding that armed robbery suspect was entitled to bail hearing even though armed robbery was considered capital offense under mississippi law because maximum sentence was life imprisonment (B) holding that a conviction for florida armed robbery is a crime of violence under the armed career criminal act (C) holding that the illinois crime of failure to report for imprisonment is not a violent felony for purposes of the armed career criminal act (D) holding that violence is synonymous with force in affirming armed robbery conviction (E) holding that attempted burglary under florida law qualified as a crime of violence under the armed career criminal act 18 usc  924e2biihereinafter acca because it involves conduct that presents a serious potential risk of physical injury to another

Answer: (B)


Question: and reimbursement claim based on the plan. Looking to FEHBA’s legislative history, the Court of Appeals for the Eighth Circuit concluded that the purpose of FEHBA was to establish health insurance for federal employees and that insurance carriers “help the government fulfill the basic task of establishing a health benefits program for federal employees.” Id. at 1233. The Jacks court concluded that OPM “has direct and extensive control over these benefit contracts under the FEHBA.” The court determined that even though the plan “allows the carrier the discretion to pursue subrogation,” that “does not foreclose the application of the federal officer removal statute” because “the subrogation provision is necessarily a product of the benefit payment pro F.Supp.2d 848 (W.D.Mo.2011) (<HOLDING>); Van Horn v. Arkansas Blue Cross and Blue 
 Holding statements: (A) holding that health insurer contracted with fehba was not acting under a federal agency within the meaning of the federal officer removal statute (B) holding that the fact that the insurance carrier voluntarily entered into a mutually agreed upon contract with the opm to administer healthcare benefits to federally employed enrollees does not rise to the level of a relationship defined as acting under a federal officer  (C) holding that a health plan insurer contracting with a government agency under a federal benefits program is considered a person acting under a federal officer (D) holding that the special relationship exception does not apply to the relationship between a student and a school (E) holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract

Answer: (B)


Question: to sign representing Morin was a subcontractor. Muldoon testified he filled out paperwork designating Lauth as the sole owner of Lauth Contracting, LLC and asked Lauth to sign the document before Muldoon faxed the document to WSI. The record supports the ALJ’s finding Muldoon willfully failed to provide workers’ compensation coverage. V [¶ 15] Finally, Muldoon argues he is not personally liable for past premiums and penalties owed to WSI. An employer who wilfully fails to secure workers’ compensation coverage is personally liable for past premiums and penalties owed. N.D.C.C. § 65-04-33(2). When an individual is employed by a partnership, the partners are employers subject to personal liability. Klemmens v. N.D. Workmen’s Comp. Bureau, 54 N.D. 496, 499-500, 209 N.W. 972, 973 (N.D.1926) (<HOLDING>). If the employer is a LLC, personal liability 
 Holding statements: (A) holding that absent an agreement to the contrary any partner can act as an agent of the partnership when apparently carrying on in the usual way the business of the partnership  (B) holding one partner can not sic maintain an action at law against another partner to recover an amount claimed by him by reason of partnership transactions until there has been a final settlement of the affairs of the partnership (C) holding a mechanic working in a garage owned by a partnership is an employee of the partnership not the individual partner (D) holding that a partner who is without actual authority has no power to bind the partnership in a transaction that is not within the ordinary and apparent scope of the partnership business any person dealing with a partner can only rely on the partners acts if they are within the ordinary and apparent scope of the partnership business (E) holding that a partnership agreement that contained prohibitions against the sale or assignment of a partners interest in the partnership without the others consent would be enforced

Answer:
(C)