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: pre-trial release on April 12, 1985. Although this appeal has received expedited review, a decision has not yet been rendered by the Second Circuit. Thus a total of only fifty-six (56) non-excludable days have elapsed since Leon was arrested and detained (assuming that the filing of Elba Rodriguez’s omnibus motion stopped the clock as to all the co-defendants). DISCUSSION Leon’s first argument is based upon the interpretation of Section 3164(b) itself, which provides that, “[t]he periods of delay enumerated in Section 3161(h) are excluded in computing the time limitations specified in this section.” Leon argues that this sent C.Cir.1976) and United States v. Mejias, 417 F.Supp. 579 (S.D.N.Y.1976), aff'd. on other grounds, sub nom., United States v. Martinez, 538 F.2d 921 (2d Cir.1976) (<HOLDING>). According to the House Report accompanying 
 Holding statements: (A) holding generally that new rules of law should not be applied retroactively in habeas corpus cases (B) holding that a court examining if a law should be applied retroactively should consider whether the new provision attaches new legal consequences to events completed before its enactment (C) holding that the first amendment definition should be applied by analogy in the franks setting (D) holding that factor 10 should not be applied when the victim is the only one at risk (E) holding that the exclusions should be applied

A: (E)
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Q: of a class consisting of all African-American plant employees. Accordingly, the district court acted within its discretion to deny class certification on the basis of the appellants’ direct evidence. B. Statistical Evidence Nucor provided the appellants with actual promotion-related job posting and applicant data from January 2001 to February 2006. According to the appellants’ own expert, statistical analysis of this data resulted in a standard deviation of - .84, a result indicating no statistically significant disparity in the actual versus expected percentage of African-American employees successfully bidding on jobs. J.A. 5872-73. The appellants, however, objected to use of the 2001 to 2006 time period because it included job posting and bidding 759 n. 17 (4th Cir.1986) (<HOLDING>). Since the appellants could not prevail based 
 Holding statements: (A) recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard (B) recognizing that differences between the expected value and the observed number greater than two or three standard deviations are significant (C) recognizing the cause of action (D) recognizing cause of action (E) recognizing that a standard deviation greater than two or three excludes chance as the cause of underrepresentation

A: (E)
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Q: neither cause nor prejudice). Although a court "must apply Teague before considering the merits of the claim” when the government challenges the retroactive application of a decision, Caspari v. Bohlen, 510 U.S. 383, 389, 114 S.Ct. 948, 127 L.Ed.2d 236 (1994), a disposition based on the appellant’s procedural default does not require us to decide the merits of the underlying Apprendi claim. See United States v. Lafayette, 337 F.3d 1043, 1048 n. 7 (D.C.Cir.2003). 10 . See Bousley, 523 U.S. at 623, 118 S.Ct. 1604 ("It is important to note ... that ‘actual innocence’ means factual innocence, not mere legal insufficiency.”). 11 . See Randy Hertz & James S. Liebman, Federal Habeas Corpus Practice 0, 766, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946)). 17 . See Frady, 456 U.S. at 172, 102 S.Ct. 1584 (<HOLDING>); Dale, 140 F.3d at 1054 (finding no prejudice 
 Holding statements: (A) holding that plaintiff bears burden of proving malice to defeat qualified privilege once defendant shows privilege applies (B) holding in a murder case that the strong uncontradicted evidence of malice in the record coupled with the defendants utter failure to come forward with a colorable claim that he acted without malice disposes of his contention that he suffered  actual prejudice from an instructional error that relieved the government of the burden of proving that element (C) holding that the government bears the burden of proving voluntary consent under the totality of the circumstances (D) holding that the defendant bears the burden of proving outside contact with the jury (E) holding a school principal seeking recovery for defamation has the burden of showing actual malice

A:
(B)
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