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: despite the underlying circumstances. See United States v. Moudy, 132 F.3d 618, 620 (10th Cir.1998) (stating that “[ejvery escape scenario is a powder keg, which may or may not explode into violence and result in physical injury to someone at any given time, but which always has the serious potential to do so” and that this characterization applies “to all escapes, whether or not violence was actually involved”) (citing United States v. Gosling, 39 F.3d 1140, 1142 (10th Cir.1994)). C. Sixth Amendment Claim Finally, Mr. Flowers argues that the district court violated his Sixth Amendment rights by failing to submit the fact of his prior convictions to a jury. This argument is also foreclosed by circuit precedent. See United States v. Moore, 401 F.3d 1220, 1223, 1226 (10th Cir.2005) (<HOLDING>). III. CONCLUSION Accordingly, we AFFIRM Mr. 
 Holding statements: (A) holding that the fact of prior convictions under  924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under  924e (B) holding that district court may enhance sentence based on fact of prior convictions under  924e regardless of whether admitted by defendant or found by jury (C) holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt (D) holding that prior convictions relevant only to the sentencing of an offender found guilty of the charged crime do not need to be charged in an indictment or proven to a jury beyond a reasonable doubt (E) holding that elements of statute which became  924e need not be reflected in indictment for crime charged

Answer: (A)


Question: charge for each item or items. The Trial Court, however, refused to admit the last page of the bill that contained only a description of miscellaneous and a corresponding charge. Plaintiff had no testimony or other evidence to explain to the jury anything about the charge listed on the last page of the bill. The Trial Court stated such a description would force the jury to speculate regarding what supplies were encompassed within the charge for these miscellaneous items. A jury may not engage in speculation. Stringer v. Cooper, 486 S.W.2d 751, 756 (Tenn.Ct.App.1972) (stating “we understand the holding in those cases and many more like them to be that a jury may not speculate as to cause when one is not shown.... ”); Moon v. Johnston, 47 Tenn.App. 208, 337 S.W.2d 464, 469 (1959) (<HOLDING>). Without any testimony or other evidence to 
 Holding statements: (A) holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide (B) holding a jury is not permitted to speculate or guess as to proximate cause (C) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury (D) holding proximate cause almost always a question solely for the jury (E) holding that negligence must be the proximate cause of injury

Answer: (B)


Question: not be supported by any evidence”) (emphasis added). Daniel’s point is denied, and the full-order of protection is affirmed. GARYW. LYNCH, J. — CONCURS WILLIAM W. FRANCIS, JR., J.— CONCURS 1 . Because the parties share the same last name, we will refer to them by their given names to avoid confusion. In doing so, we do not intend any disrespect or familiarity. 2 . Two additional brothers have become enmeshed in these quarrels — one on the "side" of Steven and the other on the side of Daniel. 3 . All statutory references are to RSMo Cum. Supp. 2013. 4 . Daniel concedes in his brief that, absent a defense of justification, "his actions constitute an act of abuse [as defined] under [s]ection 455.010[ (1),]” and he relies on McAlister v. Strohmeyer, 395 S.W.3d 546, 554 (Mo.App.W.D.2013) (<HOLDING>). Steven claims in his brief that Daniel waived 
 Holding statements: (A) holding that district court error was not clear error in denying petition for mandamus (B) holding that the trial court committed no abuse of discretion in denying the appointment of the defendants requested expert as there was no undue prejudice to the defendant because the defendants claim on the predicted effect of the experts testimony was purely speculative (C) holding that no error was committed where issue of whether the defendant had committed another crime was injected into the trial by the codefendant but was immediately followed by the trial courts instructions to the jury that only the counts listed on the indictment be considered (D) holding no error was committed in denying an order of protection when the trial court found the respondents actions justified under the law (E) holding that the trial court committed fundamental error in not instructing the jury on the knowledge element of the offense of resisting an officer without violence when that element was in dispute at trial

Answer:
(D)