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]: pre-trial release on April 12, 1985. Although this appeal has received expedited review, a decision has not yet been rendered by the Second Circuit. Thus a total of only fifty-six (56) non-excludable days have elapsed since Leon was arrested and detained (assuming that the filing of Elba Rodriguez’s omnibus motion stopped the clock as to all the co-defendants). DISCUSSION Leon’s first argument is based upon the interpretation of Section 3164(b) itself, which provides that, “[t]he periods of delay enumerated in Section 3161(h) are excluded in computing the time limitations specified in this section.” Leon argues that this sent C.Cir.1976) and United States v. Mejias, 417 F.Supp. 579 (S.D.N.Y.1976), aff'd. on other grounds, sub nom., United States v. Martinez, 538 F.2d 921 (2d Cir.1976) (<HOLDING>). According to the House Report accompanying 
 Holding statements: (A) holding generally that new rules of law should not be applied retroactively in habeas corpus cases (B) holding that a court examining if a law should be applied retroactively should consider whether the new provision attaches new legal consequences to events completed before its enactment (C) holding that the first amendment definition should be applied by analogy in the franks setting (D) holding that factor 10 should not be applied when the victim is the only one at risk (E) holding that the exclusions should be applied
[A]: (E)


[Q]: Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the “passive wrongdoer” (AGF) is too large in contrast to the amount assessed against the “active wrongdoer” (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court’s recent deci sion, 
 Holding statements: (A) recognizing that restatement second of torts  323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts  909 1977 (C) recognizing that restatement second of torts   416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts  652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts  652e adopted in 1977
[A]: (B)


[Q]: the sentencing court’s legal conclusions de novo and its factual findings for clear error. United States v. Cherry, 572 F.3d 829, 831 (10th Cir.2009). 1. Firearm Enhancement Section 2Dl.l(b)(l) of the Guidelines provides for a two-level enhancement “[i]f a dangerous weapon (including a firearm) was possessed.” The Application Notes explain that “[t]he enhancement should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense.” U.S.S.G. § 2D1.1, cmt. n.3; see also United States v. Heckard, 238 F.3d 1222, 1233 (10th Cir.2001). The enhancement applies when a co-defendant possessed a firearm, so long as possession was reasonably foreseeable to the defendant. See United States v. Underwood, 938 F.2d 1086, 1090 (10th Cir.1991) (<HOLDING>). But see United States v. Goddard, 929 F.2d 
 Holding statements: (A) holding that an alien may be held in confinement until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future (B) recognizing innocent possession defense to a charge of criminal weapons possession (C) holding that under  1b13a1b and 2d11b1 a defendant may be held accountable for reasonably foreseeable weapons possession by a codefendant (D) holding that under  lb13alb and 2d 11b1 a defendant may be held accountable for reasonably foreseeable weapons possession by a codefendant (E) recognizing that a manufacturer may be held strictly liable for subsequent changes to an otherwise safe product where such alterations are reasonably foreseeable
[A]:
(D)