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]: 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
[A]: (E)


[Q]: for well over an hour. Nelson testified at trial that initially she alone questioned defendant, then De-gasser interviewed defendant while Nelson observed through an adjoining room, and finally both officers questioned defendant together. Nelson stated that the time period during which she questioned the defendant alone was approximately fifty minutes. Indeed, defendant claims that the interview lasted several hours. Under either view, we believe the session continued for a lengthy enough period of time to suggest custody. Cf. Mincy 838 P.2d at 653 (refusing to find custody where the questioning lasted only five minutes and was investigatory rather than accusatory in nature). In light of the undisputed evidence of the instant case bearing on the five factor anal , 514 (11th Cir.1983) (<HOLDING>); United States v. Farinacci-Garcia, 551 
 Holding statements: (A) holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live (B) holding that the defendants conclusory assertion that he told his counsel he wanted to testify but that counsel failed to call him as witness was insufficient to require a hearing or a response from government but the defendant should have been allowed an opportunity to state his claim with greater specificity (C) holding that defendants prior arrests were insufficient to establish that defendant was aware of his right to appointed counsel even though he told dea officers that he understood his rights (D) holding that the defendants prior conviction was not obtained in violation of his right to counsel because he had the opportunity for appointed counsel at public expense (E) holding that even though defendant stated he did not read and discuss psr with his counsel he could not show any error that affected his substantial rights
[A]: (C)


[Q]: was reasonable. Cf. Vt. Elec. Power Co., 131 Vt. at 434-35, 306 A.2d at 692 (approving process whereby Board gave parties in post-certification proceeding opportunity to comment and convince Board that hearing was necessary for further review as to location of transmission lines). ¶ 82. The real question is whether the Board abused its discretion in denying a hearing in this instance, given the com ments it received from the parties. The Towns do not challenge the Board’s finding that their expert was unqualified, which was the basis for the Board’s conclusion that they failed to raise a significant issue warranting a technical hearing. Accordingly, we find no abuse of discretion in the Board’s decision not to hold a hearing. Cf. In re D.B., 161 Vt. 217, 222, 635 A.2d 1207, 1210 (1993) (<HOLDING>). ¶ 83. Regarding the merits of the Board’s 
 Holding statements: (A) holding that vrcp 78b2 which gives trial courts discretion whether to hold hearings on written motions provides trial courts with discretion to deny evidentiary hearings on posttrial motions (B) holding that issues raised and dealt with in posttrial evidentiary hearings are preserved for appeal (C) holding that issues are not waived for failing to file posttrial motions from a remand proceeding where no evidence was presented because no posttrial motions were required under those circumstances (D) holding that issues raised and dealt with in posttrial evidentiary hearings may be preserved for appeal (E) holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions
[A]:
(A)