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.
--------
Question: Villafuerte, 502 F.3d 204, 207-08 (2d Cir.2007); see also United States v. Verkhoglyad, 516 F.3d 122, 128 (2d Cir.2008). In fact we identify no error in this case, plain or otherwise, because the district court’s statement that it had “look[ed] at the relevant conduct, what happened with the fellow you got $250,000 from,” and its statement that it had reviewed the Pre-sentence Report (“PSR”) and “adopt[ed] the factual information that’s contained” therein, are reasonably construed as an explicit adoption of the PSR’s detailed explanation for why Patterson’s conduct causing a $250,000 loss to a California victim was fraudulent and qualified as relevant to the crime of conviction pursuant to U.S.S.G. § IB 1.3(a)(2). See generally United States v. Carter, 489 F.3d 528, 539 (2d Cir.2007) (<HOLDING>). We further conclude that the adopted PSR 
 Holding statements: (A) holding district courts adoption of the presentence report constitutes sufficient findings (B) holding that factual findings set forth in the psi not objected to by a defendant are deemed admitted (C) holding that a district court satisfies its obligation to make factual findings when it explicitly adopts the factual findings set forth in the presentence report (D) holding that express adoption of factual findings in presentence report is sufficient (E) holding that this court will only set aside district courts factual findings when they are clearly erroneous

Answer: (C)


Question: determined that only the foregoing portion of this opinion will be printed in the Washington Appellate Reports and that the remainder shall be filed for public record pursuant to RCW 2.06.040, it is so ordered. Bridgewater, A.C.J., and Hunt, J., concur. 1 O’Connor later produced a valid concealed weapons permit. 2 Simple possession of a controlled substance is a lesser included offense of possession with intent to deliver. State v. Harris, 14 Wn. App. 414, 418, 542 P.2d 122 (1975); see State v. Sims, 119 Wn.2d 138, 142, 829 P.2d 1075 (1992) ("Where one merely possesses a controlled substance without the statutory element of intent, one is guilty of simple possession under RCW 69.50.401(d), absent unwitting possession.”); State v. Robbins, 68 Wn. App. 873, 877, 846 P.2d 585 (1993) (<HOLDING>). 3 It is not clear when he purchased the 
 Holding statements: (A) holding defendant could only be sentenced to a single offense under section 1244011 not both conspiracy with intent to deliver and possession with intent to deliver (B) holding second simple possession conviction was not an aggravated felony because it was not prosecuted as recidivist possession (C) holding that possession with intent to distribute and simple possession are the same offense under blockburger (D) holding that trial court may arrest judgment on conviction for possession with intent to deliver and enter judgment of guilt on simple possession (E) holding that the defendants prior drug conviction for simple possession did not constitute a controlled substance offense because the plain language of  4b12b requires that the prior conviction involve possession with intent to distribute

Answer: (D)


Question: and Application Note 11, which deal with revocation sentences, and neither of which were affected by 2007 amendments to § 4A1.2. The court noted a split in the circuits over how to interpret the second paragraph of Application Note 11, which states: “Where a revocation applies to multiple sentences, and such sentences are counted separately under § 4A1.2(a)(2), add the term of imprisonment imposed upon revocation to the sentence that will result in the greatest increase in criminal history points.” Compare United States v. Streat, 22 F.3d 109, 111-12 (6th Cir.1994) (treating revocation as single action applied to all prior suspended sentences), and United States v. Flores, 93 F.3d 587, 591-92 (9th Cir.1996) (same), with United States v. Norris, 319 F.3d 1278, 1285-88 (10th Cir. 2003) (<HOLDING>). The court followed Norris and determined that 
 Holding statements: (A) holding that where state court imposed multiple sentences on revocation of probation to be served either consecutively or concurrently note 11 is inapplicable and criminal history is calculated solely under  4a12 k (B) holding that standard for revocation of probation is preponderance of the evidence (C) holding probation revocation is not a stage of a criminal prosecution (D) holding that upon revocation of probation a court must grant credit for time served on probation and community control towards any newly imposed term of imprisonment and probation so that the total period of control probation and imprisonment does not exceed the statutory maximum (E) holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category

Answer:
(A)