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.

Q: further hold that the district court did not commit any procedural error or abuse its discretion by imposing an unreasonable sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (assuming sentencing decision is procedurally sound, appellate court considers substantive reasonableness of sentence under abuse-of-discretion standard); United States v. Stults, 575 F.3d 834, 849 (8th Cir.2009) (sentence was not unreasonable where record reflected that district court made individualized assessment based on facts presented and specifically addressed defendant’s proffered information in its consideration of sentencing factors), cert. denied, — U.S.-, 130 S.Ct. 1309, — L.Ed.2d - (2010); United States v. Feemster, 572 F.3d 455, 461 (8th Cir.2009) (en banc) (<HOLDING>). Having reviewed the record independently 
 Holding statements: (A) holding district court committed no significant procedural error despite departing downward from the guideline range for multiple reasons without explaining the weight it was attributing to each reason (B) recognizing that a party has not preserved a claim of procedural error if the party did not raise it in a manner sufficient to alert the district court to the specific error (C) holding that reviewing court first ensures that district court committed no significant procedural error then considers substantive reasonableness of sentence describing factors demonstrating procedural error (D) holding that a reviewing court must first ensure that the district court committed no significant procedural error (E) holding that the district court committed procedural error by failing to provide an indication of what facts it relied on to make a significant variance from the advisory guidelines range

A: (C)
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Q: of discretion standard. See State v. Ross, 180 Ariz. 598, 603, 886 P.2d 1354, 1359 (1994). Statements stemming from a state actor’s custodial interrogation of a defendant are not admissible unless he is warned of his Fifth Amendment “right to remain silent” and that “anything said can and will be used against [him] in court.” Miranda v. Arizona, 384 U.S. 436, 469, 86 S.Ct. 1602, 1625, 16 L.Ed.2d 694 (1966). ¶ 19 The State concedes here that Appellant was in police custody when Nurse Geyer questioned him at the hospital. Even if a defendant is in custody, however, Miranda warnings are required when a med ical professional conducts an interrogation only if that medical professional is a state actor. See Estelle v. Smith, 451 U.S. 454, 468, 101 S.Ct. 1866, 1876, 68 L.Ed.2d 359 (1981) (<HOLDING>). See also State v. Vickers, 129 Ariz. 506, 633 
 Holding statements: (A) recognizing a public safety exception to the requirement that miranda warnings be given in order to use a suspects statement as evidence against him at trial (B) holding that phrase i know i have the right to remain silent together with phrase and knowing that anything i say may be used against me substantially complied with article 3822 warnings even though warnings failed to advise accused that his statement could be used against him at his trial or in court because it advised him his statement could be used against him in any type of context not just those mentioned in article 3822 subsection 2a1 and 2 (C) holding that a defendants jailhouse statements to a courtappointed psychiatrist could not be used against him in the penalty phase of a murder trial because the psychiatrist failed to give the defendant miranda warnings (D) holding that the warnings in their totality satisfied miranda (E) holding that the government cannot use postarrest silence against a defendant because miranda warnings give implicit assurances that silence will not be used against a person and accordingly it would be fundamentally unfair and a violation of due process to allow a defendants silence to be used to impeach him at trial

A: (C)
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Q: Houston [1st Dist.] 1988) (applying the Restatement ’s definition of trade secret). In accordance with common law rights, and where no statute abrogates such rights, the creator of a device has the right to make, use, and sell it. See G. Rich, The Relation Between Patent Practices and the Anti-Monopoly Laws (Part II), 24 J.P.O.S. 159, 166-68 (1942). The common law does not provide the right to exclude others, see Crown Die & Tool Co. v. Nye Tool & Machine Works, 261 U.S. 24, 35-36, 43 S.Ct. 254, 256-57, 67 L.Ed. 516 (1923), and absent the right to exclude that is granted by the patent statute, an inventor’s recourse to the common law requires that the invention meet the criteria of secrecy as appropriate to the circumstances. See 1 R. Milgrim, Milgrim on Trade Secrets, § 2.01 (1987) (<HOLDING>). The foundation of trade secret law is 
 Holding statements: (A) recognizing difficulty in proving conspiracy (B) recognizing difficulty of formulating concise rules of trade secrecy (C) holding error was structural because of the difficulty of assessing the effect of the error (D) recognizing privilege under federal rules (E) recognizing difficulty of evaluating judges demeanor upon appellate review

A:
(B)
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