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. 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.
PROBLEM: County Reg’l Planning Comm’n v. Hamilton Ban zure beyond its lawful duration, such theft violates the Fourth Amendment. See Nelson v. Streeter, 16 F.3d 145, 151 (7th Cir.1994). The remaining question is whether Colaprete’s Fourth Amendment right against having his property converted following a search was clearly established when the alleged conversion occurred. The Seventh Circuit has held that the existence of this right is “[s]o obvious ... that we do not think the absence of case law can establish a defense of immunity.” Id. We respectfully disagree. This court has never applied the Fourth Amendment in this manner, and Supreme Court precedent tilts slightly against the existence of any constitutional right against theft during the course of a search. See Hudson, 468 U.S. at 533(<HOLDING>). Moreover, the Sixth Circuit has held that the 
 Holding statements: (A) holding postdeprivation remedy is adequate even when deprivation was intentional (B) holding that doctrine does not violate due process (C) holding that theft by prison guards does not violate due process when postdeprivation remedy exists (D) holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies (E) holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy

SOLUTION: holding postdeprivation remedy is adequate even when deprivation was intentional

PROBLEM: quantity function as elements by increasing the maximum penalty a defendant may receive, are they elements of an aggravated offense or are they sentencing factors with heightened due process requirements? See id. at 573, 575 (Hug, J., concurring) (disagreeing with the majority’s apparent conclusion that the penalty provisions of § 841(b) are not elements of the offense). The district court correctly interpreted Buckland as holding that drug type and quantity are not elements of the offense, but rather are material facts that must be submitted to the jury and proved beyond a reasonable doubt. The Buckland opinion emphasized that the relevant inquiry is not whether a penalty provision is an element, but rather whether it exposes the defendant to a longer sentence than woul (9th Cir.2002) (<HOLDING>); United States v. Minore, 292 F.3d 1109, 
 Holding statements: (A) recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so (B) holding jury is entitled to accept the states version of the facts and reject appellants version or reject any of the witnesses testimony (C) holding that biased on buckland we must reject valensias contention that the sentencing provisions of  841 create separate crimes (D) holding that under the crimes code conspiracy and the completed substantive offense are separate crimes (E) holding the crimes merge where the jury was not asked to determine whether two assaults occurredeventhough the evidence may have been sufficient to support separate crimes

SOLUTION: recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so

PROBLEM: fears that are chimerical and those that are realistic. The best that we have been able to do is to insist that, in these purlieus, standing requires an “objectively reasonable” fear of prosecution. Id.; see also Laird v. Tatum, 408 U.S. 1, 13-14, 92 S.Ct. 2318, 33 L.Ed.2d 154 (1972) (stating that “[a]llegations of a subjective ‘chill’ [produced by government intelligence-gathering] are not an adequate substitute for a claim of specific present objective harm or a threat of specific future harm”). Determining objective reasonableness demands a frank consideration of the totality of the circumstances, including the nature of the conduct that a particular statute proscribes. See New Hampshire Right to Life, 99 F.3d at 16; cf. Camilo-Robles v. Zapata, 175 F.3d 41, 43 (1st Cir.1999) (<HOLDING>). Here, the Association intends to solicit new 
 Holding statements: (A) holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable (B) holding that the qualified immunity determination does not entail an inquiry into the officers subjective intentions merely his knowledge (C) holding that reasonableness for qualified immunity purposes requires an objective inquiry into the totality of the circumstances (D) holding reasonable suspicion is based on totality of circumstances (E) holding that the courts inquiry into the reasonableness of the governments proposed corrective action was proper

SOLUTION:
holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable