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.

Example Input: of the statute, the FDA’s regulations, the FDA’s internal interpretation, and precedent all demonstrate that a sterilizer for dental hand-pieces is a “device” as that term is defined in 21 U.S.C. § 321(h). That being so, both SteriSafe and its accessory SteriDot are within the jurisdiction of the FFDCA. Defendant nevertheless posits three reasons why SteriSafe and SteriDot are not devices. First, defendant argues that the government failed to prove that dental handpieces transmit disease and, thus, that SteriSafe actually prevents disease. Such proof is not required. Congress had two purposes in enacting' the FFDCA: (1) to regulate products that actually prevent disease, and (2) to regulate products that falsely claim that they prevent disease. Because of those d 1006 (9th Cir.1952) (<HOLDING>). Defendant next argues that the Steri-Safe is 
 Holding statements: (A) holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff (B) holding that a machine that allegedly eliminated lumps from womens breasts was governed by the ffdca even though expert witnesses expressed the unanimous belief that appellants instruments are useless for diagnosis or treatment of any human ailment (C) holding the expert witnesses were protected by witness immunity to ensure expert objectivity (D) holding in a case where there was no evidence that the expert was incompetent or that the petitioners lawyers had any reason to question the experts professional qualifications that it was objectively reasonable for  trial counsel to rely upon the experts diagnosis (E) holding that the admissibility of expert testimony was governed by state law
Example Output: (B)

Example Input: that, although the trial court was initially prepared to suppress based solely on the deputies’ conduct in providing Gomez’s name, the court ultimately applied the Neil factors and, finding that the identification was unreliable, ruled the state failed to establish that the witness’ recollection was independent of the suggestive identification. On these facts, the trial court could properly conclude that it was unnecessarily suggestive for the victims to be provided the defendant’s name and resulting access to his photo on the website before having any opportunity to identify him, thus giving rise to a substantial likelihood of irreparable misidentification. See generally Fitzpatrick v. State, 900 So.2d 495, 518 (Fla.2005)(quoting Washington v. State, 653 So.2d 362, 365 (Fla.1994)) (<HOLDING>); Johnson v. State, 566 So.2d 888, 890 (Fla. 
 Holding statements: (A) holding that showup identification proce dure was not unduly suggestive where officer said to eyewitness we got two guys in the car similar to the ones you told us about (B) holding that unprovoked flight is not necessarily indicative of wrongdoing but it is certainly suggestive of such (C) holding showing of a single photo is unduly suggestive (D) holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight (E) holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive
Example Output: (C)

Example Input: Theft. Defense: Excuse me. I’ll object to that. That’s outside the record. The trial court sustained the objection and further instructed the jury to disregard. In general, to constitute proper argument, counsel’s closing arguments must fall •within the areas of: (1) a summation of the evidence; (2) a reasonable deduction from the evidence; (3) an answer to an argument from opposing counsel, or (4) a plea for law enforcement. See Melton v. State, 713 S.W.2d 107, 114 (Tex.Crim.App.1986). Here, because the prosecutor’s argument is not reasonably related to one of the enumerated areas, it was improper. Therefore, the trial court correctly sustained appellant’s objection and instructed the jury to disregard. See Faulkner v. State, 940 S.W.2d 308, 312 (Tex.App.—Fort Worth 1997, pet. ref'd) (<HOLDING>). Mistrials should be granted only when an 
 Holding statements: (A) holding almost any improper argument may be cured by an instruction to disregard (B) holding improper admission of extrinsic evidence may be cured by adequate limiting instruction (C) holding that the prejudicial effect of a direct reference to an accuseds failure to testify normally cannot be cured by an instruction to disregard (D) holding that any misstatements of law during closing argument are presumed cured by final instruction (E) holding that instruction to disregard cured error from prosecutors improper comment during voir dire
Example Output:
(A)