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.

guidelines; and (4) that the special conditions of Neffs supervised release were beyond the limits described in 18 U.S.C. § 3583(d). For the reasons explained below, the motion is denied in all respects. I. BACKGROUND On April 29, 1992, Anthony Neff was arrested on charges of driving while intoxicated by Nassau County Police who found in his possession a receipt from a licensed firearms dealership. The receipt indicated that on April 23, 1992, he had purchased a 12 gauge shotgun. Agents of the Bureau of Alcohol, Tobacco and Firearms (“ATF”) interviewed the owner of the firearms dealership and discovered that Neff, who was then on parole for a 1989 attempted burglary conviction, had not revealed that he was a convicted felon when he executed ATF form 4473, a necessar 3 (3d Cir.1988) (<HOLDING>). Although this language appears broad in 
 Holding statements: (A) recognizing a claim that the sentence exceeded the statutory maximum (B) holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings (C) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (D) holding that the sentence was reasonable in part because it was well below the statutory maximum (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant  according to the states sentencing guidelines
(A)

of priorities for economic development” — were the centers of power in many areas of importance. Harry Scheiber, Federalism and the American Economic Order, 1789-1910, Law and Soc’y (Fall 1975) 57, 97. See generally id. at 86-100 (discussing diffusion of power and rnment’s contentions here ... would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States.”); id. at 578, 115 S.Ct. 1624 (“[T]he federal balance is too essential a part qf our constitutional structure and plays too vital a role in securing freedom for us to admit inability to intervene when one or the other level of Government has tipped the scales too far.”); New York v. United States, 505 U.S. 144, 112 S.Ct. 2408, 120 L.Ed.2d 120 (1992) (<HOLDING>); id. at 178, 112 S.Ct. 2408 (“No matter how 
 Holding statements: (A) holding that despite 1985 amendments minimum jurisdictional amount remains 50000 (B) holding that the protect act amendments to the standard of review apply retroactively (C) holding that an unconstitutional policy may be inferred from an officials single decision or act (D) holding that an unconstitutional act of congress has no legal effect (E) holding unconstitutional taketitle provision of the lowlevel radioactive waste policy amendments act of 1985
(E)

functioning of the judicial system. Id. at 707, 94 S.Ct. at 3107, 41 L.Ed.2d at 1063; Nixon v. Administrator of General Services, 433 U.S. 425, 447, 97 S.Ct. 2777, 2782, 53 L.Ed.2d 867, 893-94 (1977). Although we have recognized that the principle of separation of powers is implicit in the Alaska Constitution, Brad-ner v. Hammond, 553 P.2d 1, 5 n. 7 (Alaska 1976), we have never addressed an executive privilege claim. However, other state courts have held that a governor, in the discharge of official duties, is entitled to an executive privilege analogous to the President’s. See, e.g., Hamilton v. Verdow, 414 A.2d at 921-24; Nero v. Hyland, 76 N.J. 213, 386 A.2d 846, 853 (1978); cf. State, ex rel. Attorney General v. First Judicial District Court, 96 N.M. 254, 629 P.2d 330, 334 (1981) (<HOLDING>). We agree with this view and conclude that the 
 Holding statements: (A) holding that under separation of powers the legislative department makes the laws the executive department carries the laws into effect and the judicial department interprets and declares the laws (B) holding that the qui tam provisions do not usurp the executive litigating function because the statute gives the executive branch substantial control over the litigation (C) recognizing as a matter of law executive privilege for governor (D) recognizing dhs as one of the states twentyfour executive administrative agencies (E) holding that state attorney general as member of executive department may assert claim of executive privilege

(E)