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.

Input: Consider Input: 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

Output: (A)


Input: Consider Input: and the weapons charge, for which he was sentenced to a concurrent term of five years’ imprisonment. Jackson appealed to this court. LAW/ANALYSIS I. Exclusion of Evidence Jackson argues the trial court erred in excluding his testimony about his personal knowledge of Felder’s violent history. We disagree. The admission or exclusion of evidence is a matter within the trial court’s sound discretion, and an appellate court may only disturb a ruling admitting or excluding evidence upon a showing of a manifest abuse of discretion accompanied by probable prejudice. State v. Douglas, 369 S.C. 424, 429, 632 S.E.2d 845, 847-48 (2006). Generally, the failure to make a proffer of excluded evidence will preclude review on appeal. State v. Santiago, 370 S.C. 153, 163, 634 S.E.2d 23, 29 (Ct.App.2006) (<HOLDING>). Where no proffer of excluded testimony is 
 Holding statements: (A) holding that objection to testimony at trial on grounds that testimony was irrelevant highly prejudicial and below the threshold requirement of admissibility does not preserve appellate challenge that testimony constitutes inadmissi ble victimimpact testimony (B) holding the excluded testimony was relevant to whether a signature was that of a deceased party and since a statement regarding the issue was the only testimony that could be given by the witness no offer to prove was necessary because the substance of the evidence was apparent from the context of the question asked (C) holding that we could not weigh the prejudice suffered as a result of the exclusion of plaintiffs testimony because we had no way of knowing what the plaintiffs testimony would have been (D) holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been (E) holding that the trial courts statement it would deny the defendants request to make a bill at this time did not discharge the appellants duty to proffer the excluded testimony for preservation of error

Output: (D)


Input: Consider Input: Statement. They were, however, obtained prior to this Court’s actual approval of the Amended Disclosure Statement, which occurred on December 19, 2008 (i.e. at the joint hearing on approval of the Amended Disclosure Statement and the Amended Plan). Although typically a disclosure statement should be approved before the proponent solicits votes for the plan, here the premature solicitation was harmless and, as noted by the Bankruptcy Court for the Northern District of Georgia, a harmless failure to comply with § 1125’s solicitation requirements “is not necessarily fatal to the success of a Chapter 11 reorganization.” In re N.W. Recreational Activities, Inc., 8 B.R. 10, 12 (Bankr.D.Ga.1980); see also First Am. Bank of N.Y. v. Century Glove, Inc., 81 B.R. 274, 278-80 (D.Del.1988) (<HOLDING>). Pursuant to 11 U.S.C. § 105(d)(2)(B)(vi), 
 Holding statements: (A) holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case (B) holding such agreements to be per se illegal (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding hearing in chambers was not per se a violation of due process (E) holding that a plan proponents failure to obtain court approval of solicitation materials is not per se fatal to the confirmation process


Output: (E)