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.

Inc., No. 08 Civ. 5653(PAC), 2011 WL 3874821 (S.D.N.Y. Aug. 16, 2011) ("NJ v. DLJ"); NJ Carpenters, 272 F.R.D. 160 (finding Rule 23(a) requirements were met, but not Rule 23(b)(3) requirements). 59 . DI 294, at 30-33. 60 . Pub. Emps.' Ret. Sys. v. Merrill Lynch & Co. Inc., 714 F.Supp.2d 475, 484 (S.D.N.Y.2010) (stating Section 12(a)(2) standing is limited to “persons who have directly purchased the securities from underwriting defendants in the subject public offering(s), and not in the secondary market”); In re Sterling Foster & Co., Inc., Sec. Litig., 222 F.Supp.2d 216, 244 (E.D.N.Y.2002) ("[P]urchasers in private or secondary market offerings are precluded from bringing actions under Section 12(a)(2).”). 61 . DI 294, at 30; DI 300, at 17. 62 . See IndyMac I, 718 F.Supp.2d at 513 (<HOLDING>). 63 . This of course means that it does not 
 Holding statements: (A) holding that a party waived the claims she failed to pursue in her merit brief (B) holding that because  544b1 provides only the power of avoidance it does not confer authority on the trustee to pursue state law damage claims but that the trustee could pursue such claims under  544a1 or 2 if the claims could have been asserted by the debtor corporation (C) holding pinter analysis to apply to claims arising under  12a2 (D) holding that a trustee had no standing to pursue claims of fraud against the debtors accountant because under connecticut law those claims belonged to investors (E) holding wyoming only had standing to pursue section 12a2 claims as to indx 2006ar11
(E)

was indeed barred (or limited) under the mandatory Guidelines regime, see Koon, 518 U.S. at 92-95, 116 S.Ct. 2035, the alternative sentencing methodology employed by his sentencing court did not treat the Guidelines as mandatory. Nor did the court exclude or limit its consideration of any category of sentencing factors. To the contrary, the court extended Simpson an open-ended invitation to make mitigating arguments, regardless of whether they would have been available under the Guidelines scheme. See Sentencing Hr’g Tr. 25-26. And Simpson responded to that invitation by citing a series of factors in support of a sente 440 (D.C.Cir.1995). In later cases, we settled on a plain error standard of review for such claims. See United States v. Draffin, 286 F.3d 606, 609 (D.C.Cir.2002) (<HOLDING>); In re Sealed Case, 204 F.3d 1170, 1173 
 Holding statements: (A) holding that the district courts denial of a downward departure was an exercise of discretion and therefore not reviewable (B) holding that failure to identify ground of admissibility limited appellate review to plain error (C) holding that we may not review a district courts refusal to grant a downward departure unless the court mistakenly believed that it lacked the authority to grant such a departure (D) holding that the failure to grant a sentencing departure on an unrequested ground is reviewable only for plain error (E) holding that an error is plain only if it is clear under current law when there is no binding precedent on point an instruction typically will not be plain error
(D)

drugs does. See id. Although “prisoners do not shed all constitutional rights at the prison gate, ... lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying or penal system.” Id. at 485, 115 S.Ct. at 2301 (citations, quotation marks, and alteration omitted). Under certain circumstances, administrative segregation is a necessary limitation of privileges and rights that incarceration demands. The extended duration of Al-Amin’s confinement in administrative segregation does distinguish the facts of his case from some other disciplinary or administrative segregation situations in which it was held that no liberty interest existed. See Sandin, 515 U.S. at 486, 115 S.Ct. at 2301 (<HOLDING>); Rodgers v. Singletary, 142 F.3d 1252 (11th 
 Holding statements: (A) holding that an inmates mandamus petition challenging a disciplinary report imposing 15 days disciplinary confinement was a collateral criminal proceeding because the disciplinary confinement limited petitioners ability to earn gain time (B) holding that the plaintiffs disciplinary segregated confinement for thirty days did not present the type of atypical significant deprivation in which a state might conceivably create a liberty interest (C) holding that 30day segregated confinement in hawaii penitentiary did not present such atypical hardship so as to create liberty interest (D) holding that 30day disciplinary confinement did not present the type of atypical significant deprivation in which a state might conceivably create a liberty interest and further stating that the chance that a finding of misconduct will alter the balance in consideration of parole is simply too attenuated to invoke the procedural guarantees of the due process clause (E) holding that placing a prisoner in disciplinary confinement clearly effects liberty interest

(B)