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: is “doubtful that the judicial interpretation of advisory Sentencing Guidelines promulgated by an independent commission implicates either of the twin concerns that motivate the rule of lenity.,” United States v. Wright, 607 F.3d 708, 719 (11th Cir. 2010) (William Pryor, J., concurring). And in any event, the text of the guideline is clear—“ ‘prior sentence’ means a sentence imposed prior to sentencing on the instant Qffense,” U.S.S.G. § 4A1.2 cmt. 1. ' Burke’s alternative'ground for appeal— that the district court erred in calculating his sentence because his 1999 Florida conviction for armed robbery is not a “crime of violence” as that term is used in section 2K2.1(4)(A) of the Guidelines—is foreclosed by binding precedent. United States v. Fritts, 841 F.3d 937, 938 (11th Cir. 2016) (<HOLDING>); Lockley, 632 F.3d at 1246 (holding that a 
 Holding statements: (A) holding that armed robbery suspect was entitled to bail hearing even though armed robbery was considered capital offense under mississippi law because maximum sentence was life imprisonment (B) holding that a conviction for florida armed robbery is a crime of violence under the armed career criminal act (C) holding that the illinois crime of failure to report for imprisonment is not a violent felony for purposes of the armed career criminal act (D) holding that violence is synonymous with force in affirming armed robbery conviction (E) holding that attempted burglary under florida law qualified as a crime of violence under the armed career criminal act 18 usc  924e2biihereinafter acca because it involves conduct that presents a serious potential risk of physical injury to another

SOLUTION: (B)

PROBLEM: includes a determination of the significance, if any, of the TNRC’s involvement. When the EPA in 1990 shifted from a “strict” to “substantial compliance” standard for private parties, it did so “to encourage private parties to perform voluntary cleanups of sites, and to remove unnecessary obstacles to their ability to recover their costs from the parties that are liable for the contamination.” 55 FecLReg. at 8792-93. The EPA expressly recognized that requiring private parties to adhere to a set of mechanical rules would impede this objective. Thus the list of public comment provisions identified in 40 C.F.R. § 300.700(c)(6) is only a “universe of requirements which are potentially relevant,” and should “not be c Ry. Co. v. Gee Co., 2002 WL 31163777, at *30 (N.D.Ill. Sept.30, 2002) (<HOLDING>); AlliedSignal, Inc. v. Amcast Int’l Corp., 177 
 Holding statements: (A) holding that government involvement must be accompanied by public comment because a purpose of ncp is to ensure that those responsible for the cleanup receive citizens input regarding environmental conditions in the community (B) holding that public participation requirement was satisfied in part because the ncp policy is  to allow potentially responsible parties an opportunity to comment before costs are incurred and no prps were denied an opportunity to comment (C) holding five day public comment period on a portion of an ea insufficient remanding for further public comment (D) holding that there was no abuse of discretion in denying mistrial based on a comment that the defendant was in prison where the comment provided the jury with little detail (E) holding that meetings with representatives of various affected parties were insufficient to meet public participation requirement because there was never an opportunity for the public at large to comment on the plan without explaining why such opportunity was necessary

SOLUTION: (B)

PROBLEM: that the statute of limitations is an affirmative defense and should not be considered by the Court on a motion to dismiss. Plaintiffs further contend that in Merck & Co., Inc. v. Merck, 559 U.S. 633, 130 S.Ct. 1784, 176 L.Ed.2d 582 (2010), the Supreme Court held that the statute of limitations for securities plaintiffs only begins to run once plaintiffs are on notice of the facts constituting each element of the alleged § [10(b) ] violation. Plaintiffs maintain that since scienter is one element of a § 10(b)/Rule 10b-5 claim, before limitations could begin to run plaintiffs had to be on notice of specific facts evidencing Defendants’ scienter of the alleged misstatements. They cite City of Pontiac General Employees’ Retirement System v. MBIA, Inc., 637 F.3d 169, 175 (2d Cir.2011) (<HOLDING>). The Second Circuit remanded the suit to the 
 Holding statements: (A) holding that under merck a fact is not deemed discovered until a reasonably diligent plaintiff would have sufficient information about that fact to adequately plead it in a complaint ie until he can plead that fact with sufficient detail and particularity to survive a 12b6 motion to dismiss (B) holding a plaintiff must plead sufficient factual allegations to establish that a plausible contract exists but need not plead every detail of the contract (C) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (D) holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant (E) holding that a title vii plaintiff need not plead the elements of a mcdonnell douglas prima facie case to survive a motion to dismiss

SOLUTION:
(A)