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.

Input: Consider Input: or property on which it is found, is insufficient to support a finding of possession.” Murray v. United States, 403 F.2d 694, 696 (9th Cir.1969) (internal quotation marks and citations omitted). In other words, there must be additional proof of knowledge and control to sustain a conviction for possession. Although control of marijuana may be established by evidence that a person smoked marijuana, the smoke in the hotel room does not provide the additional proof necessary to sustain Petitioner’s conviction. As discussed above, the record in this case supports merely an inference that someone smoked marijuana in the room, not that Petitioner, one of five occupants of the room, smoked marijuana. In Garrison, 272 Md. 123, 321 A.2d 767, Judge O’Donnell, writing for t .2d 252, 254 (1971) (<HOLDING>); Davis v. State, 9 Md.App. 48, 55, 262 A.2d 
 Holding statements: (A) holding evidence of presence of marijuana plants on property puckett jointly owned with his wife was not sufficient to create rational inference that puckett was in possession of the marijuana (B) holding that a defendants conviction for two possession of marijuana counts could not be supported by his possession of two marijuana cigarettes dropped from his hand and again for his possession of several packets of marijuana found in a nearby jacket during the same search (C) holding evidence of marijuana plants on premises defendant owned with his wife insufficient where marijuana plants were grown in an uncultivated area and there was a total absence of evidence of the defendants involvement (D) holding that jurys failure to find the defendant guilty of possession of marijuana could not be reconciled with a verdict of guilty of possession of marijuana with intent to purchase (E) holding that guilty plea to indictment charging distribution of 1000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea

Output: (A)


Input: Consider Input: lease, for the first time in his reply brief, thus, he has waived it. In most circumstances a litigant who fails to raise an argument until his reply brief wül be deemed to have waived that argument. Wilson v. O’Leary, 895 F.2d 378, 384 (7th Cir. 1990). This case is before us, however, on a motion for dismissal pursuant to Rule 12(b)(6). The inquiry we are faced with is whether the plaintiff can prove any set of facts to support his allegation. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). This court has held that when reviewing Rule 12(b)6) motions, we wül consider new factual allegations raised for the first time on appeal provided they are consistent with the complaint. See Hrubec v. National R.R. Passenger Corp., 981 F.2d 962, 963-64 (7th Cir.1992) (<HOLDING>); Dawson v. General Motors Corp., 977 F.2d 369, 
 Holding statements: (A) holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint (B) holding that the essential inquiry in conversion of a rule 12b6 motion to a rule 56 motion is whether the appellant should reasonably have recognized the possibility that the motion might be converted into one for summary judgment or was taken by surprise and deprived of a reasonable opportunity to meet facts outside the pleadings (C) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (D) holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion (E) holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss

Output: (C)


Input: Consider Input: that time. I think — I thought that a reasonable and just and sufficient sentence was the 41 months, and I think that now with credit for time served. The sentence is within the guideline range. That range does not exceed 24 months. The Court finds no reason to depart from the sentenced called for by the application of the guidelines. The Court finds the sentence to be reasonable and sufficient. And even though you did make a request for it, under 3553(a)(1) through (7) of 18 U.S.C., the Court specifically finds that the sentence is reasonable, sufficient, and adequate. We find it plain that the court treated the Guidelines range as advisory on resentencing, and therefore, Booker did not preclude the court from making and relying on the challenged fact findings. Chau, 426 F.3d at 1323 (<HOLDING>). It is now well-settled that a district court 
 Holding statements: (A) holding a sentence within the advisory guidelines range is presumptively reasonable (B) holding that the pennsylvania sentencing guidelines are purely advisory in nature (C) holding guidelines to be only advisory (D) holding that the use of extraverdict enhancements in an advisory guidelines system is not unconstitutional quotation omitted (E) holding that the cocaine guidelines  are advisory only


Output: (D)