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.

completed his nine month term of incarceration and was released from custody on Jply 28, 2017. Any challenge to the procedural or substantive reasonableness of his term' of confinement is thus moot. See United States v. Probber, 170 F.3d 345, 347-49 (2d Cir. 1999) (dismissing as moot an appeal from a judgment revoking supervised release where defendant had already completed his term of confinement). However, because defendant would still be entitled to a reduction of his term of supervised release if the court were to find such a reduction appropriate, we will analyze whether, as defendant claims, the supervised release component of the District Court’s sentence was either procedurally or substantively unreasonable. See United States v. Mazza Alaluf, 621 F.3d 205, 213 (2d Cir. 2010) (<HOLDING>). Defendant contends that the District Court 
 Holding statements: (A) holding substantive reasonableness sentencing challenge to be moot when defendant had completed prison sentence but addressing challenge to supervised release conditions (B) holding that where trial court did not inform defendant of supervised release term during plea colloquy but did advise defendant of term in presentence report and at sentencing defendants sentence stands (C) holding that a statute requiring a threeyear term of supervised release did not eviscerate the district courts discretion to adjust the term of supervised release pursuant to  3583e (D) holding that a completed term of confinement did not render a challenge to the reasonableness of a sentence moot where defendant could receive a reduced term of supervised release (E) holding defendant convicted under  841b1a may receive lifetime term of supervised release
(D)

strengthen, not displace, any existing remedies employees may. have at law.” Id. It is clear from these excerpts that the STAA was not enacted to completely preempt state law remedies for retaliation against an employee who refuses to violate safety provisions. See Todd v. Frank’s Tong Service, Inc., 784 P.2d 47, 49-50 (Okla.1989) (noting that Congressional intent surrounding enactment of the STAA demonstrates that state law claims are not preempted); see also Parten v. Consolidated Freightways Corp., 923 F.2d 580, 583 (8th Cir.1991) (conclude ing that the Minnesota public policy statute was not an obstacle to the STAA and that Congress did not intend to occupy the entire field of interstate motor carriers); Whitworth v. TNT Bestway Transp., Inc., 914 F.Supp. 1434, 1436 (E.D.Tex.1996) (<HOLDING>); Dobberowsky v. Cryogenic Transp., Inc., 989 
 Holding statements: (A) holding texas exemption law was not preempted by erisa due to savings clause (B) holding that texas whistleblowers act was not preempted by the staa (C) holding a claim of a violation of the texas dtpa is preempted by the carmack amendment (D) holding that the age discrimination in employment act was not preempted by the nlra (E) holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law  not arizona law  should be applied
(B)

the attack is facial, the court determines whether the allegations contained in the complaint are sufficient on their face to invoke federal jurisdiction, accepting all material allegations in the complaint as true and construing them in favor of the party asserting jurisdiction. See Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). Where the attack is factual, however, “the court need not presume the truthfulness of the plaintiffs allegations.” Safe Air for Everyone, 373 F.3d at 1039. In resolving a factual dispute as to the existence of subject matter jurisdiction, a court may review extrinsic evidence beyond the complaint without converting a motion to dismiss into one for summary judgment. See id.; McCarthy v. United States, 850 F.2d 558, 560 (9th Cir.1988) (<HOLDING>). Once a party has moved to dismiss for lack of 
 Holding statements: (A) holding that in ruling on a rule 12b1 motion the court may consider exhibits outside the pleadings to resolve factual disputes regarding jurisdiction (B) recognizing that generally disputes between purchasers of a debtors assets and third parties are not within the bankruptcy courts jurisdiction but recognizing that disputes concerning the sale order itself may be sufficient for subject matter jurisdiction (C) holding that a court may review any evidence such as affidavits and testimony to resolve factual disputes concerning the existence of jurisdiction (D) holding that in a motion to dismiss for lack of subject matter jurisdiction a court may resolve disputed factual issues by reference to evidence outside the pleadings including affidavits (E) holding that under the advisory guidelines a district court should resolve factual disputes at sentencing by applying the preponderance of the evidence standard

(C)