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.

for well over an hour. Nelson testified at trial that initially she alone questioned defendant, then De-gasser interviewed defendant while Nelson observed through an adjoining room, and finally both officers questioned defendant together. Nelson stated that the time period during which she questioned the defendant alone was approximately fifty minutes. Indeed, defendant claims that the interview lasted several hours. Under either view, we believe the session continued for a lengthy enough period of time to suggest custody. Cf. Mincy 838 P.2d at 653 (refusing to find custody where the questioning lasted only five minutes and was investigatory rather than accusatory in nature). In light of the undisputed evidence of the instant case bearing on the five factor anal , 514 (11th Cir.1983) (<HOLDING>); United States v. Farinacci-Garcia, 551 
 Holding statements: (A) holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live (B) holding that the defendants conclusory assertion that he told his counsel he wanted to testify but that counsel failed to call him as witness was insufficient to require a hearing or a response from government but the defendant should have been allowed an opportunity to state his claim with greater specificity (C) holding that defendants prior arrests were insufficient to establish that defendant was aware of his right to appointed counsel even though he told dea officers that he understood his rights (D) holding that the defendants prior conviction was not obtained in violation of his right to counsel because he had the opportunity for appointed counsel at public expense (E) holding that even though defendant stated he did not read and discuss psr with his counsel he could not show any error that affected his substantial rights
(C)

of the contract, the plaintiffs claim will only sound in contract. Id. In operation, the rale restricts contracting parties to contractual remedies for those economic losses associated with the relationship, even when the breach might reasonably be viewed as a consequence of a contracting party’s negligence. See Jim Walter Homes, Inc. v. Reed, 711 S.W.2d 617, 618 (Tex.1986) (“When the injury is only the economic loss to the subject of a contract itself, the action sounds in contract alone.”). In other words, the economic loss rule precludes recovery of economic losses in negligence when the loss is the subject matter of a contract between the parties. Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., 29 S.W.3d 282, 285 (T .3d 355, 378 (Tex.App.-Fort Worth 2012, pet. denied) (<HOLDING>). Therefore, we overrule JP Morgan’s fifth 
 Holding statements: (A) holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract (B) holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property  damage claims (C) recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss rule (D) holding economic loss rule did not bar recovery of tort damages on statutory fraud claim based upon fraudulent inducement (E) holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract
(D)

2003 WL 21347112, at *2 (8th Cir.2003); but see United States v. Jones, 332 F.3d 1294, 2003 WL 21399025, at *2 (10th Cir.2003) (applying de novo standard of review to a sentencing appeal pending as of the passage of the PROTECT Act). In assessing the district court’s authority to depart upward, we must determine whether the bases for departure were already taken into account by the offense guideline. See 18 U.S.C. § 3553(b)(1) (authorizing a departure only where the “court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described”); United States v. Bell, 303 F.3d 1187, 1192 (9th Cir.2002) (<HOLDING>). The guideline for involuntary manslaughter 
 Holding statements: (A) holding the issue of standing is waived if not asserted at the district court level (B) holding that the sentencing courts conclusion that there was simply no way to avoid the base offense level did not indicate mandatory application of the guidelines (C) holding that a district court should avoid repeating the use of a factor previously accounted for in the offense level (D) holding that law of the case prevented the new jersey district court from redetermining jurisdictional issue previously decided by the district of columbia district court and noting that the principles of comity among courts of the same level of the federal system provide further reason why  an issue already decided by a court of equal authority should not be reexamined (E) holding that arithmetical error that resulted in an increase to a defendants base offense level pursuant to the sentencing guidelines affected his substantial rights even though the resulting sentence was within the range for the correct offense level

(C)