TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (E)

PROBLEM: and to seek collateral relief (except for ineffective assistance of counsel),” United States v. Arevalo-Juarez, 464 F.3d 1246, 1248 (11th Cir.2006) (citation omitted), but only in judicial districts that participate in a[n] "early disposition program authorized by the Attorney General of the United States and the United States attorney for the district in which the court resides.” U.S.S.G. § 5K3.1. This court has rejected Bravo’s argument that the “fast track” program creates a sentencing disparity, and we are bound by decisions of prior panels until overruled by this court sitting en banc or by the Supreme Court. See United States v. Anaya Castro, 455 F.3d 1249, 1252-1253 (11th Cir.2006) (addressing fast-track programs); United States v. Steele, 147 F.3d 1316, 1317-18 (11th Cir.1998) (<HOLDING>). 2 . This court has rejected the government's 
 Holding statements: (A) holding that in a multipanel circuit prior panel decisions generally are binding upon newlyconstituted panels (B) holding that the panel is bound by decisions of prior panels (C) holding that decisions by prior panels are binding (D) recognizing that a prior panels holding is binding on all subsequent panels (E) holding that a prior panel decision is binding on subsequent panels

SOLUTION: (C)

PROBLEM: has not determined that the State or Tribe has authority over the site of the proposed Lake Andes landfill. The EPA Region VIII developed an alternative mechanism to allow the District to seek the waiver directly from the Region. The waiver was received on October 6,1995. The EPA has reviewed the District’s application and has made a tentative decision to approve their waiver. (Admin.Ree. at 1160.) The agency intended to, and did create, a new right in the District under these circumstances to petition the agency directly, and thus, the agency’s “alternative mechanism” is properly considered to be a legislative rule subject to the APA’s notice and comment procedures rather than an interpretative rule. Cf General Motors Corp. v. Ruckelshaus, 742 F.2d 1561, 1565 (D.C.Cir.1984) (en banc) (<HOLDING>), cert. denied, 471 U.S. 1074, 105 S.Ct. 2153, 
 Holding statements: (A) holding that epa rule relating to repair of cars not in compliance with clean air act was interpretative not legislative rule and thus not subject to apa notice and comment procedures (B) holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed (C) holding the epa could regulate air pollutants under the clean air act solely on the basis of the pollutants risk to human health (D) holding that defendant could not be sanctioned and found to have violated the clean air act when it complied with regu lations as codified despite having knowledge that the epa requested amendment of the regulations to prohibit defendants conduct (E) holding for a citizen suit brought under a substantially identical provision of the clean air act that whether plaintiffs have established a nondiscretionary duty to act by the epa is a merits question under rule 12b6 rather than a subjectmatter jurisdiction question under rule 12b1

SOLUTION:
(A)