In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

[Q]: we also overrule that portion of berry v. mclemore, 670 f.2d 30, 34 (5th cir. 1982), in which we relied on jones to find an abuse of discretion in the district court's failure to assess as an item of costs the full fee of an expert witness who was "important" to the plaintiff's  1983 case.
[A]: overruling


[Q]:  14 a trial court's sentencing decision is reviewed under an abuse of discretion standard.
[A]: non-overruling


[Q]: we recognize that this reading of fager disapproves prior cases.
[A]:
overruling