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.
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Question: despite the underlying circumstances. See United States v. Moudy, 132 F.3d 618, 620 (10th Cir.1998) (stating that “[ejvery escape scenario is a powder keg, which may or may not explode into violence and result in physical injury to someone at any given time, but which always has the serious potential to do so” and that this characterization applies “to all escapes, whether or not violence was actually involved”) (citing United States v. Gosling, 39 F.3d 1140, 1142 (10th Cir.1994)). C. Sixth Amendment Claim Finally, Mr. Flowers argues that the district court violated his Sixth Amendment rights by failing to submit the fact of his prior convictions to a jury. This argument is also foreclosed by circuit precedent. See United States v. Moore, 401 F.3d 1220, 1223, 1226 (10th Cir.2005) (<HOLDING>). III. CONCLUSION Accordingly, we AFFIRM Mr. 
 Holding statements: (A) holding that the fact of prior convictions under  924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under  924e (B) holding that district court may enhance sentence based on fact of prior convictions under  924e regardless of whether admitted by defendant or found by jury (C) holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt (D) holding that prior convictions relevant only to the sentencing of an offender found guilty of the charged crime do not need to be charged in an indictment or proven to a jury beyond a reasonable doubt (E) holding that elements of statute which became  924e need not be reflected in indictment for crime charged

Answer: (A)


Question: interest of safety and security at the institution. Accordingly, the order of the district court denying Hyde’s petition for writ of habeas corpus is affirmed in part and reversed in part. Chief Judge LANSING and Judge PERRY concur. 1 . Roles was addressed in the context of FERPA. However, as we discuss below, there is no distinction between FERPA’s compelling govern mental interest standard and that embodied in RLUIPA. 2 .Some states along with the Federal Bureau of Prisons allow sweat lodges and other Native American religious practices at maximum security prisons. See Pounders v. Kempker, 79 Fed. Appx. 941, 943 n. 2 (8th Cir.2003) (noting that Missouri eventually built a sweat lodge at its maximum security Potosi Correctional Center); Allen v. Toombs, 827 F.2d 563 (9th Cir.1987) (<HOLDING>); Morrison v. Cook, 1999 WL 717218, *4 (D.Or. 
 Holding statements: (A) holding that removal from house arrest and return to general prison population was a matter of inmate classification (B) holding that africanamerican plaintiffs claims that defendants should have known that placing him in a jail with a large population of white inmates put him at risk of being attacked were without merit because the plaintiff had not alleged any specific facts which would show that he was in danger of being assaulted by the other inmates (C) holding that prison conditions are those aspects of prison life affecting the entire prison population (D) recognizing general rule (E) recognizing that general population inmates at oregon maximum security prison were allowed to participate in weekly sweat lodge ceremonies

Answer: (E)


Question: communications, whatever form they might take, and the compulsion of responses which are also communications, for example, compliance with a subpoena to produce one’s papers.”); Davis v. United States, 328 U.S. 582, 587-91, 66 S.Ct. 1256, 1258-61, 90 L.Ed. 1453 (1946) (distinguishing private papers from public property in the custody of a citizen in applying the Fifth Amendment privilege); United States v. White, 322 U.S. 694, 699, 64 S.Ct. 1248, 1251, 88 L.Ed. 1542 (1944) (stating that the constitutional privilege against self-incrimination “protects the individual from any disclosure, in the form of oral testimony, documents or chattels, sought by the legal process against him as a witness”); Wheeler v. United States, 226 U.S. 478, 489, 33 S.Ct. 158, 162, 57 L.Ed. 309 (1913) (<HOLDING>); Wilson v. United States, 221 U.S. 361, 377, 
 Holding statements: (A) holding that there is no selfincrimination where one is compelled to produce the papers of a business that has no privilege (B) holding where there is no duty to defend there is no duty to indemnify (C) holding that there is no unitary business in part because there is no flow of international business (D) holding that district court has no jurisdiction to take further action where there was no remand order (E) holding that where no factual dispute is raised no hearing is required

Answer:
(A)