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.

[EX Q]: any meaning at all, I do not think that [the defendant’s statement that he had a .357 magnum and that no one would get hurt if she put the money in the bag] can reasonably be said to constitute an ‘express threat of death,’ U.S.S.G. § 2B3.1(b)(2)(F). What was conveyed here was, at most, an implicit threat of serious bodily injury or death.”). We agree with the reasoning of the Eleventh Circuit, and views of Judges Easterbrook and Arnold that to satisfy the qualifier “express,” a defendant’s statement must distinctly and directly indicate that the defendant intends to kill or otherwise cause the death of the victim. Because four of the five examples in Application Note 6 do not, they are not controlling. See Stinson v. United States, 508 U.S. 36, 113 S.Ct. 1913, 123 L.Ed.2d 598 (1993)(<HOLDING>). Similarly, reliance on the commentary’s 
 Holding statements: (A) holding that commentary in sentencing guidelines that interprets or explains a guideline is authoritative unless it violates the constitution or a federal statute or unless it is plainly erroneous or inconsistent with the guideline it interprets (B) recognizing the guidelines commentary is authoritative (C) holding that sentencing guidelines commentary must be given controlling weight unless it violates the constitution or a federal statute or is plainly inconsistent with the guidelines itself (D) holding that guidelines commentary is generally authoritative (E) holding that where the commentary to a guideline is at odds with another provision of the guidelines the guideline prevails
[EX A]: (A)

[EX Q]: Plaintiff did not meet the notice requirements of the CFRA and the FMLA. Plaintiff did not notify Defendant in advance that Plaintiff would be absent from March 31, 2014 through April 3, 2014. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo., Exhs. Vol. II. Additionally, Plaintiff did not call in sick or ask someone to call Defendant on his behalf on any of those four days of absence, even though Plaintiff made 26 phone calls to individuals or entities other than McCale or Defendant. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo,, Exhs. Vol. II. Thus, unlike in Avila, upon which Plaintiff relies, Plaintiff did not call in sick during his absence from March 31, 2014 through April 3,2014. See Avila, 165 Cal.App.4th at 1258, 82 Cal.Rptr.3d 440 (<HOLDING>). Moreover, two weeks prior to Plaintiffs 
 Holding statements: (A) holding that an issue is genuine if the evidence is sufficient to allow a reasonable jury to return a verdict for the nonmoving party (B) holding that absence from prior state was temporary during the time it was contemplated that the parent and child would return to the other state (C) holding that spouse was not required to return to work immediately upon divorce to avoid judicial imputation of income (D) holding that calling in sick during an absence and providing hospital forms describing the illness upon return to work is sufficient notice (E) holding a judgment in the absence of notice violates due process rights
[EX A]: (D)

[EX Q]: reasoning of these cases. Moreover, we believe that declaratory relief is also moot when the challenged acts have already “irretrievably occurred.” Accordingly, we apply the teachings of N.J. Tpk. Auth., that the claim for injunctive relief had become “academic by reason of these changed circumstances .... ” Id. at 27. Here, as in N.J. Tpk. Auth., the challenged action awarding the contracts has already occurred, and the work required by them has already been performed. There is no longer a “ ‘subject matter upon which the judgment of the court can operate’ to make a substantive determination on the merits.” Id. at 30 (quoting Ex parte Baez, 177 U.S. 378, 390, 20 S.Ct. 673, 44 L.Ed. 813 (1900)); see also Jersey Cent. Power and Light Co. v. State of N.J., 772 F.2d 35, 36 (3d Cir.1985) (<HOLDING>). II. For Appellants to be prevailing parties 
 Holding statements: (A) holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot (B) holding that plaintiffs who sought injunctive relief under 42 usc  1983 could get same relief in a state court mandamus action (C) holding that a challenge to a mining plan was moot where the action sought to be enjoined hadbeen completed (D) holding that a court may award injunctive relief against a state officer (E) holding that injunctive claim was rendered meaningless since the state action sought to be enjoined has irretrievably occurred
[EX A]:
(E)