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]: personally waive the rights to testify at trial, to have the prosecution witnesses testify in defend other settings. One such case arose when a defendant charged with first-degree criminal sexual conduct stipulated to the element that he was more than 36 months older than the victim without waiving his right to a jury trial on that element. State v. Wright, 679 N.W.2d 186, 190 (Minn.App.2004), review denied (Minn. June 29, 2004). In Wright, we applied a harmless-error analysis to the district court’s failure to obtain appellant’s personal waiver. Id. at 191. In part, we reasoned that proving the age element to the jury would have had “a more prejudicial effect than- the stipulation” because appellant was significantly older than the victim. Id.; see also Hinton, 702 N.W.2d at 281-82 (<HOLDING>). Also, both Wright and Hinton involved 
 Holding statements: (A) holding that stipulation of the appellants undisputed prior convictions was harmless error and reasoning that blakely v washington which does not require a jury determination of prior convictions provides implicit support for the conclusion that a harmless error analysis is appropriate (B) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (C) holding blakely errors are subject to harmless error analysis (D) holding that the trial courts error in not allowing defendant to testify on direct examination as to nature and circumstances of prior convictions was not harmless error where credibility of the defendant was critical to the deliberations of the jury (E) holding that any error was harmless and thus not plain error
[A]: (A)


[Q]: 563 U.S. 421, 438, 131 S.Ct. 1866, 179 L.Ed.2d 843 (2011). Nonetheless, the District Court and the Plan have cited to the language in the Summary Plan Description (“SPD”) as the language of the Plan. We, too, adopt this approach. See US Airways, Inc. v. McCutchen, 569 U.S. 88, 133 S.Ct. 1537, 1543 n.1, 185 L.Ed.2d 654 (2013) ("Because everyone in this case has treated the language from the summary description as though it came from the plan, we do so as well.”). Moreover, insofar as McLaughlin and J.J.M. now contend that the SPD was not "designated a plan document” and so cannot control here, McLaughlin Reply Br. 1, we deem this argument forfeited because it is raised solely in the reply brief. See Laborers' Int'l Union of N. Am. v. Foster Wheeler Corp., 26 F.3d 375, 398 (3d Cir. 1994) (<HOLDING>). 4 . We have considered McLaughlin's and 
 Holding statements: (A) holding an argument not raised in opening brief is waived (B) holding that a party waives an argument that it raises in the background section of its brief but not in the argument section (C) holding argument waived for failure to raise it in opening brief (D) holding that argument not raised in opening brief is waived (E) holding that an argument is not preserved unless a party raises it in its opening brief
[A]: (E)


[Q]: hearing, both because it referenced conduct not charged, proven, or admitted prior to sentencing and because the standard at sentencing was a lower “preponderance of the evidence” standard. Id. at 791. The government, however, admitted to the fact that the restitution order was based on acts other than the offense of conviction. Id. at 789-90. Here, Ragoonath initially challenges the characterization of her conviction as categorically an aggravated felony and the retroactive application of the necessary loss amount for a fraud and deceit conviction to qualify as an aggravated felony. We have already addressed both issues, and the claims are without merit. Moore, 251 F.3d at 923; Maldonado, 664 F.3d at 1378-79; see also Chambers v. Thompson, 150 F.3d 1324, 1326 (11th Cir.1998) (<HOLDING>). Ragoonath also argues that DHS failed to 
 Holding statements: (A) holding that we must follow a prior binding precedent unless and until it is overruled by this court en banc or by the supreme court quotation marks omitted (B) holding that only intervening law from the supreme court or this court sitting en banc can overrule a prior panel decision (C) holding that we are bound by prior panel opinions until they are overruled or abrogated by the supreme court or this court sitting en banc (D) holding that one panel of this court is bound by the precedent of an earlier panel absent en banc reconsideration or a superseding contrary decision of the supreme court (E) holding ajbsent en banc reconsideration we are bound by prior decisions of this circuit
[A]:
(C)