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: is correct. We will also assume that the court’s erro umed error prejudiced him is that other evidence supports the finding that he was a manager or supervisor of the conspiracy. In the district court, Vasquez did not object to the PSR’s statement that he “recruited Wornick and Sella” into the conspiracy. Although the district court did not explicitly find that Vasquez recruited two of his co-conspirators, “[i]t is the law of this circuit that a failure to object to allegations of fact in a[PSR] admits those facts for sentencing purposes.” United States v. Wade, 458 F.3d 1273, 1277 (11th Cir.2006). And we have held many times that a defendant’s recruitment of co-conspirators supports a § 3B1.1 enhancement. See, e.g., United States v. Thomas, 446 F.3d 1348, 1355 n. 2 (11th Cir.2006) (<HOLDING>); United States v. Ndiaye, 434 F.3d 1270, 1304 
 Holding statements: (A) holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under  3bllc in part because the defendant actively recruited two individuals to transport drugs (B) holding that the district court did not clearly err in finding that the defendant was a manager or supervisor under  3bllb in part because he recruited accomplices (C) holding that trial court did not err (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that the district court did not clearly err in finding that the defendant was an organizer or leader under  3blla in part because he recruited coconspirators

SOLUTION: (E)

PROBLEM: voters of the political subdivision or subdivisions whose combined territory composes the territory of a district shall be qualified voters of the district. The nomination and election shall be by separate nonpartisan ballot. The term of each member of the board thus elected shall be six years and until his successor is elected and qualified. (Emphasis added.) No definition of a “qualified voter” is provided in SDCL Chapter 49-36. Thus, we must turn to the definition of “voter” as provided under SDCL Title 12, and the South Dakota Constitution as to what qualifies a person as a “voter” within the meaning of Chapter 49-36. See SDCL 12-1-1. [¶44.] Our state affords great protection to a citizen’s voting franchise. SD Const, art. 6, § 19; Duffy v. Mortenson, 497 N.W.2d 437, 439 (S.D.1993) (<HOLDING>). A court must strictly adhere to the 
 Holding statements: (A) holding that a fair referendum assuring the equal right to vote under  101a1 includes the right of members to have the vote scheduled at a time when they can exercise their vote and the right to be free from intimidation or fear of reprisal (B) holding constitutional a tax on a private citizens interest in housing on government property received as part of the private citizens compensation (C) holding it is not the policy of the state of south dakota to disenfranchise its citizens of their constitutional right to vote (D) recognizing that state agencies which are independent of the state are citizens of the state (E) holding that the right to vote is fundamental

SOLUTION: (C)

PROBLEM: Department Country Reports and other exhibits regarding country conditions in Senegal contained in the record; (3) the letter from a family friend introduced by Sene at his immigration hearing; and (4) a credibility determination regarding Sene’s testimony. The motion panel provisionally denied INS’ motion and ordered briefing to proceed on the merits. We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(1) to review final orders of removal. Factual determinations made by the BIA are reviewed to determine whether they are supported by substantial evidence. Senathirajah v. INS, 157 F.3d 210, 216 (3d Cir.1998). However, we must uphold the BIA’s findings of fact unless the evidence compels otherwise. See INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 3, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (<HOLDING>). We summarily deny Sene’s request for relief 
 Holding statements: (A) holding that we will not reverse in the absence of prejudice (B) recognizing that appellate court may reverse trial courts judgment when it is based on an erroneous conclusion of law (C) holding that to reverse the bia we must find that the evidence not only supports that conclusion but compels it (D) holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion (E) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte

SOLUTION:
(C)