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]: WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
[EX A]: (D)

[EX Q]: that, although the trial court was initially prepared to suppress based solely on the deputies’ conduct in providing Gomez’s name, the court ultimately applied the Neil factors and, finding that the identification was unreliable, ruled the state failed to establish that the witness’ recollection was independent of the suggestive identification. On these facts, the trial court could properly conclude that it was unnecessarily suggestive for the victims to be provided the defendant’s name and resulting access to his photo on the website before having any opportunity to identify him, thus giving rise to a substantial likelihood of irreparable misidentification. See generally Fitzpatrick v. State, 900 So.2d 495, 518 (Fla.2005)(quoting Washington v. State, 653 So.2d 362, 365 (Fla.1994)) (<HOLDING>); Johnson v. State, 566 So.2d 888, 890 (Fla. 
 Holding statements: (A) holding that showup identification proce dure was not unduly suggestive where officer said to eyewitness we got two guys in the car similar to the ones you told us about (B) holding that unprovoked flight is not necessarily indicative of wrongdoing but it is certainly suggestive of such (C) holding showing of a single photo is unduly suggestive (D) holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight (E) holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive
[EX A]: (C)

[EX Q]: court found that appellant was not in custody at any time during the questioning. We agree. When the circumstances show, as here, that a person is acting upon the invitation, urging, or request of police officers without any threat or coercion by the officers, that person is acting voluntarily and is not in custody. See, e.g., Nickerson v. State, 312 S.W.3d 250, 256 (Tex. App.-Houston [14th Dist.] 2010, pet. ref'd); Turner v. State, 252 S.W.3d 571, 580 (Tex. App.-Houston [14th Dist.] 2008, pet. ref'd); see also Delacerda, 425 S.W.3d at 386-88 (noting that the appellant voluntarily went with officers into police station to homicide division office for questioning and merely being questioned at stationhouse, by itself, does not constitute custody); cf. In re D.F.C., 312 S.W.3d at 714 (<HOLDING>). Our record reflects that appellant 
 Holding statements: (A) holding that when defendant was guilty of burglary but the only evidence that he was armed was from his own statement existence of the firearm went only to the degree of the offense and was not as an element of proof (B) holding that fifth amendment custody is a restraint on freedom of movement of the degree associated with a formal arrest (C) holding that a defendant who was told several times he was not under arrest and who never asked to leave during an interview with investigators was not in custody (D) holding that since petitioner made specific request for counsel before interview policeinitiated interview was impermissible (E) holding that there was a restraint of movement to the degree associated with formal arrest when juvenile went to stationhouse for interview but magistrate read defendant his mircmda warnings defendants grandmother was excluded from interview despite her request and defendant was alone in locked interrogation room with armed officer
[EX A]:
(E)