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.

Example Input: carrying it during and in relation to such a crime, with additional penalties attaching if the firearm was brandished or discharged. See 18 U.S.C. § 924(c)(1)(A). Whether the defendant was accountable for one firearm or ten, however, is completely irrelevant to the commission of the § 924(c) offense. Thus, because § 924(c) pertains to particular unlawful uses of a firearm while § 2K2.1(b)(l) pertains to the number of firearms involved, these two enhancements punish different types of conduct. We therefore conclude that enhancing a defendant’s offense level based on the number of weapons involved in the offense underlying his § 924(c) conviction does not constitute impermissible double counting under the Guidelines. Accord United States v. Terrell, 608 F.3d 679, 683-84 (10th Cir. 2010) (<HOLDING>). But see United States v. Vincent, 20 F.3d 
 Holding statements: (A) holding that trading drugs for a gun violates the in furtherance of prong of  924c (B) holding that evidence is sufficient for  924c conviction where it shows weapons proximity to drugs and its accessibility (C) holding that an enhancement for an express threat of death may not be applied to the sentence for robbery when the threat is related to the use of the firearm and the defendant has a  924c sentence for the same firearm (D) holding that because the number of weapons involved in the underlying offense to a  924c conviction is a separate type of offense conduct than that punished by  924c itself the district court did not engage in doublecounting  when it applied an  increase under  2k21bla in conjunction with the sentence for violating  924c (E) holding without discussion that the district court erred by applying the numberofweapons enhancement to an offense underlying the defendants  924c conviction
Example Output: (D)

Example Input: 199 F.3d at 248 n. 6. Moreover, when the plaintiff declares the sufficiency of his pleadings and makes no attempt to amend his complaint in response to the defendant’s challenge pursuant to Rule 12(b)(6), dismissal is proper when the plaintiffs allegations fail to state a claim for which relief can be granted. See Spiller v. City of Texas City, 130 F.3d 162, 167 (5th Cir.1997). In addition, a plaintiff should not be granted leave to amend after being afforded repeated opportunities to do so. See Wilkins, 173 F.Supp.2d at 614; accord United States ex rel. Adrian v. Regents of the Univ. of Cal., 363 F.3d 398, 404 (5th Cir.2004) (noting that “pleading review is not a game where the plaintiff is permitted to file serial amendments until he finally gets it right”); Willard, 336 F.3d at 387 (<HOLDING>). Furthermore, “where a proposed amendment 
 Holding statements: (A) holding leave to amend was properly denied where the relator had previously filed two amended complaints (B) holding that dismissal with leave to amend should be granted even if no request to amend was made (C) holding district court properly denied leave to amend where application was four months late and appeared to be futile (D) holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court (E) holding that the trial court properly refused to consider allegations in the disallowed amended complaints
Example Output: (A)

Example Input: 103-322, § 250002, 108 Stat. 2082, 2083 (codified at 18 U.S.C. § 2327(b)(3)). Contrary to Vicky’s assertion, the variation among these restitution statutes does not mean that Congress eliminated the proximate cause requirement for the specifically enumerated losses in subsections 2259(b)(3)(A) through (E). Rather, variances among these restitution statutes “demonstrate that Congress viewed particular offenses as causing foreseeable risks of certain losses [meriting enumeration] in the[se] [restitution] statutes.” Id. at 97 n. 13. The First Circuit concluded that, although Congress determined that restitution offenses foreseeably cause the losses in subsections (A) through (E), the defendant — to be liable — still must proximately cause the victim’s losses. See id. at 95-97, 99-100 (<HOLDING>). This court agrees. Congress determined that 
 Holding statements: (A) holding that the proximate cause requirement was satisfied  because the defendants actions resulted in identifiable losses as outlined in the expert reports and vickys victim impact statements footnote and citation omitted (B) holding that the government may be an identifiable victim (C) holding that the decedents estate had standing because the traditional requirement that the plaintiff show an injury in fact that is fairly traceable to the conduct of the defendant is met by the allegation in the complaint that the defendants actions resulted in the diminishment of the assets of the estate (D) holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized (E) holding that such reports fell within the core class of testimonial statements described in this courts leading confrontation clause decisions internal quotation marks and citation omitted
Example Output:
(A)