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.

stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service
holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca

venture as contrasted with a governmental function.’ ” Hoffer v. State, 110 Wn.2d 415, 422, 755 P.2d 781 (1988) (quoting Black’s Law Dictionary 1097 (5th ed. 1979)), adhered to on recons., 113 Wn.2d 148, 776 P.2d 963 (1989). 5 Mun. of Metro. Seattle, 118 Wn.2d at 645. 6 Id. at 646 (quoting City of Tacoma v. Taxpayers of Tacoma, 108 Wn.2d 679, 695, 743 P.2d 793 (1987)). 7 Id. 8 RCW 57.08.081(1). 9 These factors include the difference in cost to various customers, the location of customers within and without the district, the achievement of water conservation goals and discouragement of wasteful practices, and “any other matters which present a reasonable difference as a ground for distinction.” RCW 57-.08.081(2). 10 See City of Tacoma v. Welcker, 65 Wn.2d 677, 685, 399 P.2d 330 (1965) (<HOLDING>). 11 See Mun. of Metro. Seattle, 118 Wn.2d at 
 Holding statements: (A) recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater (B) recognizing that watershed isolation or acquisition serves to prevent and control water contamination (C) holding that article x  2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially (D) recognizing that water retained within a watershed is susceptible to multiple use because all water uses are not consumptive uses (E) holding authority to control limits duty to control
recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater

to the grand jury testimony and debriefing statements considered by the court, or that he had no opportunity to explain or rebut the information. Moreover, the sentencing guidelines permit the district court to estimate the drug quantity when there has been no seizure of drugs or when the amount seized does not reflect the scale of the offense. USSG § 2D1.1, cmt. n. 12. Linton also challenges the district court’s use of his co-defendants’ presentence reports. As previously mentioned, the sentencing court may not rely on factual information from sources not disclosed to the defendant. Helton, 975 F.2d at 434. To do so would deprive the defendant of his opportunity to explain and rebut any claimed errors in the information. See also United States v. Smith, 13 F.3d 860, 867 (5th Cir.1994) (<HOLDING>). However, in this case, the district court did 
 Holding statements: (A) holding that where defendant did not offer any rebuttal evidence to refute presentence report district court  was free to adopt facts in psi without further inquiry (B) holding that court may satisfy factual basis requirement by examining presentence report (C) holding that a defendants objection to facts in the presentence report on the basis that they went beyond any prior jury verdict or guilty plea is sufficient to prevent those facts from being relied upon in sentencing (D) holding that sentencing court may not adopt facts from codefendants presentence report that was not disclosed to defendant (E) holding it insufficient when the sentencing judge only questioned defendant on certain aspects of the presentence report

holding that where defendant did not offer any rebuttal evidence to refute presentence report district court  was free to adopt facts in psi without further inquiry