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.
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Question: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. ¶ 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor 
 Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance

Answer: (C)


Question: and to seek collateral relief (except for ineffective assistance of counsel),” United States v. Arevalo-Juarez, 464 F.3d 1246, 1248 (11th Cir.2006) (citation omitted), but only in judicial districts that participate in a[n] "early disposition program authorized by the Attorney General of the United States and the United States attorney for the district in which the court resides.” U.S.S.G. § 5K3.1. This court has rejected Bravo’s argument that the “fast track” program creates a sentencing disparity, and we are bound by decisions of prior panels until overruled by this court sitting en banc or by the Supreme Court. See United States v. Anaya Castro, 455 F.3d 1249, 1252-1253 (11th Cir.2006) (addressing fast-track programs); United States v. Steele, 147 F.3d 1316, 1317-18 (11th Cir.1998) (<HOLDING>). 2 . This court has rejected the government's 
 Holding statements: (A) holding that in a multipanel circuit prior panel decisions generally are binding upon newlyconstituted panels (B) holding that the panel is bound by decisions of prior panels (C) holding that decisions by prior panels are binding (D) recognizing that a prior panels holding is binding on all subsequent panels (E) holding that a prior panel decision is binding on subsequent panels

Answer: (C)


Question: rise to the application of a subjective test.” Swanson, 135 F.3d at 701. Such a system is one in which case-by-case inquiries are routinely made, such that there is an “individualized governmental assessment of the reasons for the relevant conduct” that “invite[s] considerations of the particular circumstances” involved in the particular case. Smith, 494 U.S. at 884, 110 S.Ct. 1595. Perhaps the best example of such a system, and indeed the one in which this exception originated, is a system of unemployment benefits which requires claimants to show “good cause” as to why they are unable to find work. In Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963), a Seventh Day Ad . But see Fraternal Order of Police v. City of Newark, 170 F.3d 359, 364-66 (3d Cir.1999) (<HOLDING>). While of course it takes some degree of 
 Holding statements: (A) holding that  522 permits states only to adopt uniform exemptions (B) holding that a regulation prohibiting excavations below groundwater level was not a taking because the regulation only limited some forms of development but did not decrease market value (C) holding that because a police department regulation prohibiting beards allowed for medical exemptions but not religious exemptions it was not generally applicable under smith (D) holding that dol regulations related to flsa exemptions are enforceable (E) holding that the districts facial hair regulation was discriminatory as applied to the firefighter although the department was not precluded from promulgating a reasonable grooming regulation equally applied to all requiring beards to be neatly trimmed

Answer:
(C)