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.

despite the underlying circumstances. See United States v. Moudy, 132 F.3d 618, 620 (10th Cir.1998) (stating that “[ejvery escape scenario is a powder keg, which may or may not explode into violence and result in physical injury to someone at any given time, but which always has the serious potential to do so” and that this characterization applies “to all escapes, whether or not violence was actually involved”) (citing United States v. Gosling, 39 F.3d 1140, 1142 (10th Cir.1994)). C. Sixth Amendment Claim Finally, Mr. Flowers argues that the district court violated his Sixth Amendment rights by failing to submit the fact of his prior convictions to a jury. This argument is also foreclosed by circuit precedent. See United States v. Moore, 401 F.3d 1220, 1223, 1226 (10th Cir.2005) (<HOLDING>). III. CONCLUSION Accordingly, we AFFIRM Mr. 
 Holding statements: (A) holding that the fact of prior convictions under  924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under  924e (B) holding that district court may enhance sentence based on fact of prior convictions under  924e regardless of whether admitted by defendant or found by jury (C) holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt (D) holding that prior convictions relevant only to the sentencing of an offender found guilty of the charged crime do not need to be charged in an indictment or proven to a jury beyond a reasonable doubt (E) holding that elements of statute which became  924e need not be reflected in indictment for crime charged
(A)

requirements under UFTA, Gulf and Security nevertheless contend that as a matter of law and of public policy the statute of limitations should not have commenced in this action until they obtained the default judgment against Clark in August of 1997 in California. ¶24 As far as the law is concerned, Gulf and Security vigorously argue under the mistaken assumption that a creditor may not assert an UFTA claim until after the underlying judgment is entered. This persistent assumption represents a fundamental misunderstanding of the law under UFTA. ¶25 Gulf and Security base their theory on our decision in Murphy v. Atkinson (1993), 262 Mont. 164, 864 P.2d 273, as well as a recent appellate court decision from California, Cortez v. Vogt (Cal.Ct.App. 1997), 60 Cal.Rptr.2d 841, 853-54 (<HOLDING>). In Murphy, we determined that a cause of 
 Holding statements: (A) holding that the twoyear time limitation of rule 3850 does not commence until the sentence becomes final (B) holding that statements and charges by municipality may not be amended in light of legislative purpose of shielding police and similar employees from harassment (C) holding that in view of legislative statements of policy and purpose of the ufta as a cumulative and additional remedy limitation period did not commence until debtorcreditor relationship existed after judgment was made final (D) holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence (E) holding that statements made in the course of negotiation were not contracts and such statements were merged into the final written agreement
(C)

she made to Mason. Detective Judah referenced the interview and the fact that he watched the interview take place via closed circuit television. He also mentioned that the interview was recorded absent defense objection. Mason likewise testified that the interview was recorded, again without defense objection, and was asked questions based on a transcript of the interview. In light of the repeated reference to the recording of the interview, we discern no manifest injustice resulting from the Commonwealth’s statement to the jury that the recording was excluded because it contained hearsay. We emphasize that the Commonwealth did not reference any of the recording’s content, simply the fact that the interview was recorded. Cf. Parker v. Commonwealth, 241 S.W.3d 805, 808-09 (Ky.2007) (<HOLDING>). Even if this reference was absent from the 
 Holding statements: (A) holding witnesss prior consistent statement admissible in part because defense counsel implied during opening statement that witness had fabricated her testimony (B) holding that a statement implying that the defendant was guilty of the crime for which he was on trial was inadmissible hearsay (C) holding that a later statement was admissible despite illegal detention at home (D) holding error where re cording which was later deemed inadmissible was played during opening statement (E) holding the failure to call alibi witnesses promised during opening statement was not ineffective assistance of counsel

(D)