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]: 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
[EX A]: (A)

[EX Q]: uncon-scionability.” Woebse, 977 So.2d at 632 (citing Bland ex rel. Coker v. Health Care & Ret. Corp. of Am., 927 So.2d 252, 256 (Fla. 2d DCA 2006)). Procedural uncon-scionability necessarily takes into account the manner in which the agreement was made. Id. At the hearing, the Estate argued that the facts are identical, really, to the Woebse case, in that it was a five-minute process where she was told to sign here and here, that she didn’t read the agreement. It wasn’t explained as an arbitration agreement to her. It was not explained that it was a voluntary process. Thus, the Estate sufficiently demonstrated that a disputed issue exists as to the making of the agreement so as to require an evidentiary hearing. See Linden v. Auto Trend, Inc., 923 So.2d 1281, 1283 (Fla. 4th DCA 2006) (<HOLDING>). Accordingly, the trial court should have held 
 Holding statements: (A) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (B) holding that an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue (C) holding university grievance committee hearing was not an arbitration proceeding even though hearing had significant characteristics of arbitration without substantial evidence to support an arbitration agreement (D) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (E) recognizing that a party may demonstrate that a disputed issue exists as to the making of an arbitration agreement through arguments of counsel at a hearing
[EX A]: (E)

[EX Q]: 255 (Tex. App.-Houston [1st Dist.] 2004, pet. ref’d) (finding waiver when the defendant made a subsequent request under oath for the appointment of counsel); Douglas v. State, No. 14-00-01226-CR, 2002 WL 1988163, at *9 (Tex. App.-Houston [14th Dist.] Aug. 29, 2002, pet. ref'd) (not designated for publication) (finding waiver when the defendant "steadfastly refused to waive his right to counsel, saying over and over that he wanted ‘a lawyer to consult with’ ”); Garrett v. State, 998 S.W.2d 307, 316-17 (Tex. App.- Cir. 1976) ("A criminal defendant may be asked, in the interest of orderly procedures, to choose between waiver and another course of action as long as the choice presented to him is not constitutionally offensive.”); see Smith v. Grams, 565 F.3d 1037, 1045-46 (7th Cir. 2009) (<HOLDING>); Pazden v. Maurer, 424 F.3d 303, 319 (3d Cir. 
 Holding statements: (A) holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary (B) holding waiver of right to counsel at sentencing not voluntary when trial court tried to dissuade discharge of counsel defendant believed incompetent for the waiver to be voluntary the trial court must inquire into the reasons for the defendants dissatisfaction with his counsel to ensure that the defendant is not exercising a choice between incompetent or unprepared counsel and appearing pro se (C) recognizing that courts will enforce waiver of appeal rights when waiver is knowing and voluntary (D) holding a waiver of a substantial constitutional right must be a voluntary knowing and intelligent act (E) holding waiver of right to counsel not voluntary and knowing when defendant terminated counsel and requested another attorney but the trial court would allow delay and appointment only upon waiver of speedy trial right
[EX A]:
(E)