instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
Corrupt Organizations Act (“RICO”) because Erickson failed to allege specific facts showing a pattern of racketeering activity. See Sanford v. Member-Works, Inc., 625 F.3d 550, 557-58 (9th Cir.2010) (discussing elements of a.RICO claim and particularity requirements of Fed.R.Civ.P. 9(b)). The district court properly dismissed Erickson’s claims under the Real Estate Settlement and Procedures Act (“RES-PA”) and the Truth in Lending Act (“TILA”) as time-barred because Erickson filed his action more than three years after the alleged violations. See 12 U.S.C. § 2614 (prescribing at most a three-year statute of limitations for violations of RES-PA); 15 U.S.C. § 1640(e) (an action for damages under TILA must be brought within one year of the alleged violation); see also King, 784 F.2d at 915 (<HOLDING>). However, after the district court dismissed 
 Holding statements: (A) holding fiveyear limitation period in 28 usc  2462 runs from date of predicate violation not from date of administrative assessment of sanction (B) holding limitations period for filing petition for postconviction relief runs from date of final judgment not from date of subsequent order revoking appeal bond (C) holding that oneyear period runs from the discovery of the transfer (D) holding that the limitations period in section 1640e runs from the date of consummation of the transaction (E) holding  under section 1144s predecessor statute  that the 180day period runs from the date of the confirmation order even if the fraud is not discovered in the 180day period
answer:
holding fiveyear limitation period in 28 usc  2462 runs from date of predicate violation not from date of administrative assessment of sanction


question:
393 N.W.2d 286, 290-91 (S.D.1986). • GILBERTSON, Chief Justice, (dissenting).. [¶ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City’s operation of food service at the municipal bar was an ultra vires act. [¶27.] An express grant of authority from the legislature “includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized.” City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality’s implied 
 Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality
answer:
holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute


question:
of discretion a district court’s decision to deny a reduction in sentence under 18 U.S.C. § 3582(c)(2).” Sharkey, 543 F.3d at 1238. We construe liberally pleadings filed by pro se litigants. Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.1991). Amendment 706 lowered the base offense level for drug offenses involving crack cocaine. See U.S.S.G. § 2D1.1 (2007); U.S.S.G. Supp. to App. C, Amend. 706 (Nov. 1, 2007). When, as here, a “motion for sentence reduction is not a direct appeal or a collateral attack under 28 U.S.C. § 2255, the viability of [the court erred by not considering his exemplary postconviction conduct, we first note that he did not raise this claim in the district court. Consequently, we do not consider it. See United States v. Green, 175 F.3d 822, 837 (10th Cir.1999) (<HOLDING>). Moreover, because the district court did not 
 Holding statements: (A) holding that court may satisfy factual basis requirement by examining presentence report (B) holding defendant waived alleged factual inaccuracies in presentence report by failing to raise them in district court (C) holding that the district court committed plain error in relying solely on the factual description in the presentence report (D) holding that a defendant waived a sentencing issue by failing to object in district court (E) holding that express adoption of factual findings in presentence report is sufficient
answer:

holding that court may satisfy factual basis requirement by examining presentence report