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 Q]: 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
[EX A]: (E)

[EX Q]: See Sanabria v. United States, 437 U.S. 54, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978);, 5 LaFave, Israel, & King, Criminal Procedure § 25.3(c) (West 1999). A finding of insufficient evidence is equivalent to an acquittal for the purposes of double jeopardy. Richardson v. United States, 468 U.S. 317, 325-26, 104 S.Ct. 3081, 82 L.Ed.2d 242 (1984). 3 . An exception to this bar is when the conviction is overturned on appeal. Ball v. United States, 163 U.S. 662, 16 S.Ct. 1192, 41 L.Ed. 300 (1896); United States v. Tateo, 377 U.S. 463, 466, 84 S.Ct. 1587, 12 L.Ed.2d 448 (1964). 4 . The Double Jeopardy Clause applies to both individuals and corporations. United States v. Martin Linen Supply Co., 430 U.S. 564, 97 S.Ct. 1349, 51 L.Ed.2d 642 (1977). 5 . Compare Brown, 432 U.S. at 169, 97 S.Ct. 2221 (<HOLDING>) with Ciucci v. Illinois, 356 U.S. 571, 78 
 Holding statements: (A) holding that a bargainedfor plea waives the right to attack multiple convictions on double jeopardy grounds (B) holding that the prosecution cannot divide a single crime into multiple units to avoid double jeopardy (C) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (D) holding that a defendant and his attorney are a single entity with respect to double jeopardy waiver (E) holding the first question for purposes of a double jeopardy analysis is whether congress expressed its intent concerning multiple convictions at a single trial for different statutory violations arising from the same act or transaction
[EX A]: (B)

[EX Q]: a matter of fact that the wind generated by the storm created pressure higher than 40 PSF. Defendant also contends that Mr. Abruzzo’s testimony should be dismissed out of hand because he testified as to the hangar specification requirements, but studied only the schematics related to the fuel dock. Although Mr. Abruzzo testified that the hangar pressure panel specifications were also incorrect, defendant points out that the hangar did not have pressure relief panels. Defendant therefore urges rejection of Mr. Abruzzo’s opinion testimony based on Supreme Court precedent in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). The Daubert requirements are derived primarily from Fed.R.Evid. 702. See Daubert, 509 U.S. at 592-95, 113 S.Ct. 2786 (<HOLDING>). The Federal Circuit recently held that a 
 Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that reliability is the linchpin in determining the admissibility of identification testimony (C) holding that the admissibility of expert testimony was governed by state law (D) holding that trial courts are gatekeepers in determining fitness of scientific expert testimony for admissibility at trial (E) recognizing that it is the proponents burden to demonstrate the admissibility of expert scientific testimony
[EX A]:
(D)