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: )4 mile away. Fifth, also at this time, a vehicle registered to Nelson pulled in and parked next to Miller’s car. Sixth, the note at the boat ramp informed Kaplan that he was being watched. Seventh, Miller and Nelson both left the lake at the same time Kaplan left. Eighth, Nelson arrived at the same McDonald’s immediately after Kaplan arrived. Ninth, a passenger from Nelson’s car approached Kaplan’s vehicle and peered into Kaplan’s vehicle from a distance of 10 feet away. Tenth, Nelson drove home from the McDonald’s using what would normally be described as counter-surveillance techniques. Finally, Miller changed his story as to why he was at the lake that day at that time. See Iannelli v. United States, 420 U.S. 770, 777 n. 10, 95 S.Ct. 1284, 1289-90, 43 L.Ed.2d 616 (1975) (<HOLDING>); United States v. Penagos, 823 F.2d 346, 348 
 Holding statements: (A) holding that an agreement may be inferred entirely from circumstantial evidence (B) holding that the conspiratorial agreement may be proved by circumstantial evidence including the acts and conduct of the coconspirators and the inferences that may be drawn from their acts (C) holding that intent and knowledge can be proved by circumstantial evidence (D) recognizing that identity of a substance as cocaine may be proved by circumstantial evidence (E) holding that there was no evidence or inferences to be drawn from the evidence to support the damage award

A: (B)
****
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)
****
Q: third, [we pay] principal attention to the interest of the party seeking the prejudgment remedy, with, nonetheless, due regard for any ancillary interest the government may have in providing the procedure or forgoing the added burden of providing greater protections. 501 U.S. 1, 11, 111 S.Ct. 2105, 2112, 115 L.Ed.2d 1 (1991). The first factor weighs in Claimants’ favor. See id. at 11, 111 S.Ct. at 2112-13 (listing the “significant” consequences of attachment). Although Plaintiffs point out that SDNTs have a diminished interest in their blocked assets because their ability to alienate that property is already restricted, SDNTs do retain some interest, especially because the possibility of unblocking remains, as occurred with a number of Claimants here. Cf. Bissell, 866 F.2d at 1352-54 (<HOLDING>). As discussed below, delisting does not 
 Holding statements: (A) recognizing the continued interest of a criminal defendant in frozen property prior to forfeiture (B) holding that the district court properly exercised jurisdiction over a criminal forfeiture action where a state court in a related state court forfeiture proceeding had in personam jurisdiction over the same currency subject to forfeiture (C) holding that scope of property subject to forfeiture is defined by the instrument creating an interest in the property (D) recognizing criminal forfeiture as an aspect of punishment (E) holding that former municipal judge did not have property interest in continued employment

A:
(A)
****