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.

[EX Q]: substantial rights. Mares, 402 F.3d at 520. The district court made no comments suggesting it would have imposed a lesser sentence in the absence of mandatory guidelines. See United States v. Bringier, 405 F.3d 310, 317 (5th Cir.2005) (stating the issue as “whether [the defendant] has demonstrated that the sentencing judge would have reached a different result had it sentenced [the defendant] under an advisory scheme rather than a mandatory one”), cert. denied, — U.S. -, 126 S.Ct. 264, 163 L.Ed.2d 238 (2005) (No. 05-5535). Therefore, Tovar fails to demonstrate plain error. Tovar contends for the first time on appeal that the statute under which he was convicted, 21 U.S.C. § 841, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (<HOLDING>). As he concedes, however, this issue is 
 Holding statements: (A) holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt (B) holding that ojther than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (C) holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt (D) holding that other than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (E) holding that other than fact of prior conviction any fact that increases penalty for crime beyond prescribed statutory minimum must be submitted to jury and proved beyond reasonable doubt
[EX A]: (C)

[EX Q]: jurisdiction to exercise its discretion to treat the matter before it as a petition for a writ of certiorari. See, e.g., In re Temporary Custody of Five Minors, 105 Nev. 441, 777 P.2d 901 (1989). In light of the far reaching consequences of the issues presented, we are confident the district court would have exercised that discretion for the same reasons we have exercised our discretion to review the instant original petition. 3 Nev. Const, art. 6, § 8. 4 NRS 4.370(3). 5 State of Nevada v. Justice Court, 112 Nev 803, 919 P.2d 401 (1996). 6 See generally NCJC Canon 2. 7 Nev. Const, art. 6, § 8; NRS 4.370(3). 8 NRS 189.120; State v. Shade, 110 Nev. 57, 867 P.2d 393 (1994). 9 See Parsons v. State, 116 Nev. 928, 937, n.8, 10 P.3d 836, 841-42 n.8 (2000). 10 40 Nev. 228, 161 P. 737 (1916) (<HOLDING>). 11 106 Nev. 203, 789 P.2d 584 (1990) (holding 
 Holding statements: (A) holding a city liable for the unconstitutional firing of two clerks by a municipal judge when it was clear the city had delegated to him final administrative authority over employment matters (B) holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court (C) holding that the city had standing to challenge the constitutionality of a statute allowing certain communities within the same county as the city to incorporate as towns without the citys consent (D) holding that a municipal court had no constitutional or statutory authority to rule on the legality and constitutionality of a tax imposed on attorneys practicing within the city limits (E) holding that a blakely challenge fell within the defendants waiver of his right to appeal the constitutionality or legality of the guidelines
[EX A]: (D)

[EX Q]: support a suppression court’s finding that an officer possessed reasonable suspicion to believe that a violation of 75 Pa.C.S.A. § 4524(c) has occurred, the officer must articulate at least some fact or facts to support his inference or conclusion that the object materially impaired the driver’s view. Our consideration of other sections of the Motor Vehicle Code informs our conclusion. For example, in order to independently assess whether a police officer had reasonable suspicion to suspect a violation of Section 3361 (Driving vehicle at a safe speed), a suppression court would require more than a single statement from an officer that a motorist was driving “at a speed greater than is reasonable and prudent.” 75 Pa.C.S.A. § 3361; see Commonwealth v. Perry, 982 A.2d 1009 (Pa.Super.2009) (<HOLDING>). Similarly, we question how a suppression 
 Holding statements: (A) holding that trial court properly determined that police officer had reasonable suspicion to stop appellants vehicle based on suspected violation of section 3361 where officer testified that appellant was driving fifteen miles over the 25 mph speed limit and the road was wet and slushy (B) holding that a conclusion that reasonable suspicion supported the stop of a vehicle was subsumed within the trial courts ruling that the officer had probable cause for the stop (C) holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation (D) holding that notwithstanding the officers testimony that he had no suspicion of criminality the officer was aware of facts that would give rise to reasonable suspicion in the mind of a reasonable officer (E) holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation
[EX A]:
(A)