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: strip frisk of an employee may only be conducted on the order of the Superintendent or Acting Superintendent. (The Officer of the Day may issue this order if the Superintendent or Acting Superintendent is absent from the facility and cannot be contacted). b. Strip frisks must be supervised by a uniformed supervisor having at least the rank of Lieutenant. c. No more than two frisking employees are to be present in addition to the supervising officer. d. Strip frisks shall be conducted in a location and manner which will cause the least possible embarrassment to the employee being searched. e. The supervising and searching officers must be of the same sex as the employee being searched. If a ranking female security supervisor is not available, the Superintendent shall designate a female (<HOLDING>) to conduct the search. f. An employee may 
 Holding statements: (A) holding that because there was no evidence before the court of any similarly situated employees who were promoted to a higher salary grade when plaintiff was denied a promotion plaintiff could not establish a prima facie case of discriminatory failure to promote (B) holding that a retiree with a sixth grade education who was given little time to review the terms had stated a claim (C) holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade (D) holding a higher grade than the employee being searched (E) holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror

A: (D)
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Q: involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011. Ortega argues that the sole evidence of a conspiracy existing at the time of the seizure of 7.2 kilograms of cocaine on March 25, 2011 was the April 17, 2011 phone calls between Ortega and El Don. In that call Ortega had arranged for El Don to buy five kilograms of cocaine. Ortega’s argument is unavailing. A conspiracy between Ortega and El Don having been established by the government, the burden rested with Ortega to prove that he affirmatively withdrew from it, not with the government to prove the nonexistence of withdrawal. See Smith v. United States, — U.S. -, 133 S.Ct. 714, 720, 184 L.Ed.2d 570 (2013) (<HOLDING>). We conclude that Ortega has not met his 
 Holding statements: (A) holding that in passing 21 usc  846 congress left the common law burden of proving the affirmative defense of withdrawal on the defendant rather than requiring the government to prove nonexistence of withdrawal (B) holding that the government was not responsible for delay from withdrawal of guilty plea (C) holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea (D) holding that defendant was responsible for the delay from the withdrawal of his guilty plea (E) holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence

A: (A)
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Q: level of 12, under U.S.S.G. § 2K2.1(a)(7), is based solely on his unlawful possession of firearms, with no weight being given to his trafficking of these, or any related, firearms. “The guideline applied by the court, U.S.S.G. § 2K2.1 ..., identifies possession alone as a crime.... Thus, the Sentencing Commission recognized that the guideline would be applied to crimes involving mere possession of an illegal weapon, regardless of the circumstances under which it was acquired.” United States v. Dalecke, 29 F.3d 1044, 1047 (6th Cir.1994). Freeman’s base offense level of 12 under § 2K2.1(a)(7) and his four-level enhancement for trafficking pursuant to § 2K2.1(b)(5) are thus punishing entirely different aspects of his crime. See United States v. Wheeler, 330 F.3d 407, 414 (6th Cir.2003) (<HOLDING>); see also United States v. Hayes, 399 
 Holding statements: (A) holding that even without booker constitutional error in the district courts application of the guidelines there could be nonconstitutional error where the court applied the guidelines in a mandatory fashion (B) holding that although the guidelines are not mandatory when applied independently the district court still must adhere to the guidelines insofar as they incorporate the provisions of  3553f (C) holding that the defendants sentence was based on the career offender guidelines despite the fact that the district court calculated an offense level pursuant to the crack guidelines (D) holding that where the defendants sentence does not exceed the statutory maximum and the district court applies the guidelines as advisory the district court does not err by enhancing the defendants sentence based on facts not charged in the indictment or admitted by him (E) holding that no impermissible double counting occurs where each of the guidelines applied by the district court  emphasizes different aspects of defendants conduct

A:
(E)
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