TASK DEFINITION: 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.
PROBLEM: involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011.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

SOLUTION: (A)

PROBLEM: he called the dispatcher for assistance, the occupants had already been handcuffed. And the record provides no indication that the occupants threatened his safety. Moreover, if Reilly had not been concerned that the occupants would discard evidence, he and Horn could have driven the four, two to a car. Instead, he opted to wait for separate transportation, so the suspects could not leave contraband in the patrol car and possibly blame their fellow passengers. Reilly also had an objective reason to believe that Voichahoske was concealing evidence and that given the opportunity, he might destroy it. Reilly already had probable cause to believe Voichahoske was concealing drugs on his person, which, in turn, justified his arrest. See State v. Dussault, 193 Neb. 122, 225 N.W.2d 558 (1975) (<HOLDING>). Because a search of his person was 
 Holding statements: (A) holding fourth amendment protects right to be free from arrest without probable cause (B) holding invalid warrant did not create probable cause for arrest (C) holding that probable cause is a complete defense to an action for false arrest (D) holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same (E) holding that warrantless arrest based on probable cause did not violate the fourth amendment

SOLUTION: (D)

PROBLEM: in abatement based on disqualification propter affectum to challenge grand juror bias is not possible because grand jurors may in fact be biased; there is no right to an unbiased grand jury and therefore no proper means for challenging such. See Garnett v. State, 10 Ga. App. 109 (1) (72 SE 951) (1911) (explaining that the grand jury is merely a court of inquiry and the disqualification of a grand juror cannot be achieved by plea bias is proper. Furthermore, to the extent that pre-indictment motions do not qualify as “pretrial motions” under OCGA § 17-7-110, they wouldstill be proper because they were filed before the indictment was issued. We have recognized that if any propter affectum challenge exists at all, it must be made before the indictment is issued. Bitting, 165 Ga. at 63, 64 (<HOLDING>); Lascelles v. State, 90 Ga. 347 (3) (16 SE 
 Holding statements: (A) recognizing that it may be appropriate in a particular case to challenge grand juror bias (B) holding that a defendants false grand jury testimony was insufficient to establish perjury where the defendant was called before the grand jury for the mere purpose of laying the foundation for a perjury prosecution such testimony was immaterial to the grand jurys purpose (C) holding that a challenge propter affectum was not a good ground for a plea to abate the accusation but noting that it is proper for the court to hear challenges to grand jurors based on bias and partiality in advance of the grand jurys action (D) holding that extension of a federal grand jurys term was within the discretionary powers of the district court (E) holding the trial court erred in ordering the transcription of grand jury proceedings so that it could intervene in the operations of the grand jury

SOLUTION:
(C)