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.

Input: Consider Input: )4 mile away. Fifth, also at this time, a vehicle registered to Nelson pulled in and parked next to Miller’s car. Sixth, the note at the boat ramp informed Kaplan that he was being watched. Seventh, Miller and Nelson both left the lake at the same time Kaplan left. Eighth, Nelson arrived at the same McDonald’s immediately after Kaplan arrived. Ninth, a passenger from Nelson’s car approached Kaplan’s vehicle and peered into Kaplan’s vehicle from a distance of 10 feet away. Tenth, Nelson drove home from the McDonald’s using what would normally be described as counter-surveillance techniques. Finally, Miller changed his story as to why he was at the lake that day at that time. See Iannelli v. United States, 420 U.S. 770, 777 n. 10, 95 S.Ct. 1284, 1289-90, 43 L.Ed.2d 616 (1975) (<HOLDING>); United States v. Penagos, 823 F.2d 346, 348 
 Holding statements: (A) holding that an agreement may be inferred entirely from circumstantial evidence (B) holding that the conspiratorial agreement may be proved by circumstantial evidence including the acts and conduct of the coconspirators and the inferences that may be drawn from their acts (C) holding that intent and knowledge can be proved by circumstantial evidence (D) recognizing that identity of a substance as cocaine may be proved by circumstantial evidence (E) holding that there was no evidence or inferences to be drawn from the evidence to support the damage award

Output: (B)


Input: Consider Input: appeals from the district court’s order denying his Federal Rule of Civil Procedure 59 motion for reconsideration challenging the dismissal of his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. Henderson contends that the district abused its discretion by denying his motion, which we construe as a motion for relief from final judgment based on Federal Rule of Civil Procedure 60(b). See Straw v. Bowen, 866 F.2d 1167, 1171-72 (9th Cir.1989). The district court did not abuse its discretion when it denied Henderson’s motion because his almost two-year delay before filing the motion was not reasonable. See Fed.R.Civ.P. 60(c) (“A motion under Rule 60(b) must be made within a reasonable time.... ”); In re Hammer, 940 F.2d 524, 526 (9th Cir. 1991) (<HOLDING>). AFFIRMED. ** This disposition is not 
 Holding statements: (A) holding that an over twoyear delay without any excuse was unreasonable as a matter of law (B) holding that it was not an abuse of discretion to find an unexcused twoyear delay unreasonable (C) holding it was not an abuse of discretion to deny funds (D) holding it was not an abuse of discretion to exclude testimony (E) holding that twoyear delay was not reasonable

Output: (B)


Input: Consider Input: 1999 that she needed surgery. (See PL’s Am. Compl. ¶ 15; PL’s Opp’n at 42, 43.) It is undisputed that, “at various times, [Porter and plaintiff] talked about [their] back problems.” (Walfoort Deck, Ex. 6 at 233). It is also undisputed that Porter “was aware that [plaintiff] periodically had pains” and knew that Amtrak provided her with an oversized chair. (Id. at 233-234.) Yet that is the only evidence — other than her own conclusory statements — that plaintiff advances to demonstrate that Amtrak regarded her as being disabled. She d 1089 (8th Cir.2000) (same); Reeves v. Johnson Controls World Servs., Inc., 140 F.3d 144, 153 (2d Cir.1998) (same); Kelly v. Drexel Univ., 94 F.3d 102, 109 (3d Cir.1996) (same); Simonson v. Trinity Reg’l Health Sys., 336 F.3d 706, 709 (8th Cir.2003) (<HOLDING>); Benoit v. Technical Mfg. Corp., 331 F.3d 166, 
 Holding statements: (A) holding that an employers awareness of an employees impairment without more is insufficient to demonstrate that the employer regarded the employee as disabled (B) holding that an employer did not regard the plaintiff as disabled (C) holding that regarded as disabled plaintiffs are not entitled to reasonable accommodation (D) holding that an employers awareness of plaintiffs past medical problems does not establish that it regarded her as disabled (E) holding that evidence that defendant provided plaintiff with certain accommodations for her condition was insufficient to establish that defendant regarded her as disabled for purposes of ada absent showing that the defendant maintained any misperceptions about her condition


Output: (D)