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.

Q: industry is constitutional.” Reply [# 29] at 3. Defendants maintain that “the Court may not rely on a federal regulation (9 C.F.R. § 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established.” Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS’ powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA’s warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely 
 Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists  the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances

A: (B)
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Q: is “doubtful that the judicial interpretation of advisory Sentencing Guidelines promulgated by an independent commission implicates either of the twin concerns that motivate the rule of lenity.,” United States v. Wright, 607 F.3d 708, 719 (11th Cir. 2010) (William Pryor, J., concurring). And in any event, the text of the guideline is clear—“ ‘prior sentence’ means a sentence imposed prior to sentencing on the instant Qffense,” U.S.S.G. § 4A1.2 cmt. 1. ' Burke’s alternative'ground for appeal— that the district court erred in calculating his sentence because his 1999 Florida conviction for armed robbery is not a “crime of violence” as that term is used in section 2K2.1(4)(A) of the Guidelines—is foreclosed by binding precedent. United States v. Fritts, 841 F.3d 937, 938 (11th Cir. 2016) (<HOLDING>); Lockley, 632 F.3d at 1246 (holding that a 
 Holding statements: (A) holding that armed robbery suspect was entitled to bail hearing even though armed robbery was considered capital offense under mississippi law because maximum sentence was life imprisonment (B) holding that a conviction for florida armed robbery is a crime of violence under the armed career criminal act (C) holding that the illinois crime of failure to report for imprisonment is not a violent felony for purposes of the armed career criminal act (D) holding that violence is synonymous with force in affirming armed robbery conviction (E) holding that attempted burglary under florida law qualified as a crime of violence under the armed career criminal act 18 usc  924e2biihereinafter acca because it involves conduct that presents a serious potential risk of physical injury to another

A: (B)
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Q: H 26.22(2) (2d ed. 1969)). Considering that a lack of confidentiality would destroy the “constructive professional criticism” that is “essential to the continued improvement in the care and treatment of patients,” the court concluded that “there is an overwhelming public interest in having those staff meetings held on a confidential basis so that the flow of ideas and advice can continue unimpeded.” Id. The “self-critical” privilege has also been recognized in a variety of actions in which confidentiality is “essential to the free flow of information and ... the free flow of information is essential to promote recognized public interests.” Note, The Privilege of Self-Critical Analysis, 96 Harv.L. Rev. 1083, 1087 (1983). See, e.g., Richards v. Maine Cent. R.R., 21 F.R.D. 590 (D.Me.1957) (<HOLDING>); O’Connor v. Chrysler Corp., 86 F.R.D. 211 
 Holding statements: (A) holding railroad rate exempt from state regulation (B) holding that in a personal injury action against a railroad a report containing the conclusions of a hearing examiner of the public utilities commission regarding an alleged hazardous railroad crossing was obvious hearsay (C) holding railroad regulation requiring random drug testing without particularized suspicion to be reasonable in light of connection to public safety (D) recognizing a selfevaluative privilege to railroad companys investigation of an accident in light of the publics stake in the improvement of railroad safety (E) holding that reinstatement of the grievant a railroad employee terminated for drug and alcohol use violated the welldefined and dominant public policy against a railroads employment of individuals whose impaired judgment due to the use of drugs or alcohol could seriously threaten public safety and placed the railroad at risk of violating the federal railroad administration regulations

A:
(D)
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