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: guidelines; and (4) that the special conditions of Neffs supervised release were beyond the limits described in 18 U.S.C. § 3583(d). For the reasons explained below, the motion is denied in all respects. I. BACKGROUND On April 29, 1992, Anthony Neff was arrested on charges of driving while intoxicated by Nassau County Police who found in his possession a receipt from a licensed firearms dealership. The receipt indicated that on April 23, 1992, he had purchased a 12 gauge shotgun. Agents of the Bureau of Alcohol, Tobacco and Firearms (“ATF”) interviewed the owner of the firearms dealership and discovered that Neff, who was then on parole for a 1989 attempted burglary conviction, had not revealed that he was a convicted felon when he executed ATF form 4473, a necessar 3 (3d Cir.1988) (<HOLDING>). Although this language appears broad in 
 Holding statements: (A) recognizing a claim that the sentence exceeded the statutory maximum (B) holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings (C) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (D) holding that the sentence was reasonable in part because it was well below the statutory maximum (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant  according to the states sentencing guidelines

A: (A)
****
Q: nonetheless entitled to claim derivative asylum relief based on the possibility that their citizen child would be subjected to FGM. In so assuming, the majority’s remand is illusory. Although the practice of FGM is considered persecution under our law, there is no threat here since a United States citizen child cannot be deported to the country of her parents’ birth, and the parents cannot claim an unrecognized form of derivative relief when they themselves cannot establish entitlement to asylum. By usurping the prerogative of Congress, which alone has the power to create a new basis for cancellation of removal, the majority violates the separation of powers doctrine and creates an unnecessary conflict with the Seventh Circuit. See Oforji v. Ashcroft, 354 F.3d 609, 618 (7th Cir.2003) (<HOLDING>). Like the petitioner in Oforji, Mr. and Mrs. 
 Holding statements: (A) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (B) holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation (C) holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding (D) holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel (E) holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them

A: (B)
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Q: date of the Act, N.J. Property Liab. Guar. Ass’n v. Brown, 174 N.J.Super. 629, 633-634, 417 A.2d 117 (App.Div.), certif. denied, 85 N.J. 462, 427 A.2d 561 (1980), is instructive. There, a bail bondsman in his office accidentally shot a friend who had paid him a social visit with a gun possessed for business reasons. We held that the exception to the insured’s homeowners’ policy exclusion for non-business pursuits provided coverage because “[sjhowing a gun to a friend in such circumstances would not be an activity ordinarily incident” to the duties of a bail bondsman. Id. at 634, 417 A.2d 117. Cases decided after the effective date of the Act have also given effect to exception to exclusion clauses. See Burdge v. Excelsior Ins. Co., 194 N.J.Super. 320, 476 A.2d 880 (App.Div.1984) (<HOLDING>). Because an exception to an exclusion clause 
 Holding statements: (A) holding that the underlying action arose out of insureds exercise of his personal and political rights and not out of business pursuits and thus the policy exclusion for claims arising out of business pursuits did not apply because the exception to the exclusion for nonbusiness pursuits was applicable (B) holding that nature of alleged bias must be personal and not arising out of litigation (C) holding that an arising out of exclusion applies to claims flowing from or growing out of the excluded activity (D) holding as unambiguous under iowa law the insurance policys exclusion of coverage to any obligation of the insured to indemnify another because of damages arising out of  a bodily injury to any employee of the insured arising out of and in the course of his employment by the insured (E) holding that employees claims against firm were not subject to mandatory arbitration because they did not arise out of business activities of either employee or firm but instead arose out of divorce agreement

A:
(A)
****