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: substantial rights. Mares, 402 F.3d at 520. The district court made no comments suggesting it would have imposed a lesser sentence in the absence of mandatory guidelines. See United States v. Bringier, 405 F.3d 310, 317 (5th Cir.2005) (stating the issue as “whether [the defendant] has demonstrated that the sentencing judge would have reached a different result had it sentenced [the defendant] under an advisory scheme rather than a mandatory one”), cert. denied, — U.S. -, 126 S.Ct. 264, 163 L.Ed.2d 238 (2005) (No. 05-5535). Therefore, Tovar fails to demonstrate plain error. Tovar contends for the first time on appeal that the statute under which he was convicted, 21 U.S.C. § 841, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (<HOLDING>). As he concedes, however, this issue is 
 Holding statements: (A) holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt (B) holding that ojther than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (C) holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt (D) holding that other than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (E) holding that other than fact of prior conviction any fact that increases penalty for crime beyond prescribed statutory minimum must be submitted to jury and proved beyond reasonable doubt
Example Output: (C)

Example Input: a hearing mandated if he can show that a fundamental miscarriage of justice would result from failure to hold a federal evidentiary hearing.” Id. at 12, 112 S.Ct. 1715. It appears, however, that AEDPA overruled the “fundamental miscarriage of justice” exception, and that at this time, district courts cannot order evi-dentiary hearings unless the requirements of § 2254(e)(2) are met. See Shumate v. Newland, 75 F.Supp.2d 1076, 1084, 1098-99 (N.D.Cal.1999) (“AEDPA, however, has ‘reduced considerably the degree of the district court’s discretion’ by imposing threshold requirements that must be met before a request for an evidentiary hearing may be entertained.”) (quoting Baja v. Ducharme, 187 F.3d 1075, 1078 (9th Cir.1999)); Rodriguez v. Zavaras, 42 F.Supp.2d 1052, 1054-55 (D.Colo.1999) (<HOLDING>) (quoting Porter v. Gramley, 112 F.3d 1308, 
 Holding statements: (A) holding that the aedpa statute of limitations is not jurisdictional (B) holding that evidentiary hearing not necessary where proposed administrative action is based on undisputed material facts (C) holding that aedpa did not codify keeney but instead significantly curtails the availability of evidentiary hearings to develop material facts (D) holding that when a state has given petitioner a full and fair hearing on a claim and he has failed to develop material facts to support it he is not entitled to develop further facts in a federal habeas evidentiary hearing unless he demonstrates either cause for the failure and prejudice resulting therefrom or a fundamental miscarriage of justice (E) holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint
Example Output: (C)

Example Input: is in accord with the vast majority of other decisions which address the issue. See, e.g., John Morrell & Co. v. Local Union SOkA of United Food and Commercial Workers, AFL-CIO, 913 F.2d 544, 556 (8th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1683, 114 L.Ed.2d 78 (1991) (co-defendant could not waive appellee’s attorney-client privilege); Metro Wastewater Reclamation Dist: v. Continental Casualty Co., 142 F.R.D. 471, 478 (D.Colo.1992) (applying Colorado law in an environmental coverage dispute, the court ruled that for documents subject to a joint defense privilege, “a waiver of the privilege requires the consent of all parties participating in the joint defense.”); Construction Unlimited Corp. v. Woodfield, 1992 WL 157511, at *2, 1992 Conn.Super. LEXIS 1827, at *4 (June 15, 1992) (<HOLDING>); Ohio-Sealy Mattress Mfg. Co. v. Kaplan, 90 
 Holding statements: (A) holding that when an attorney represents multiple clients and a dispute between the attorney and one client later occurs there is a waiver of the privilege but only by the client asserting the liability (B) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (C) holding an attorney is an agent of the client and therefore cannot conspire with the client (D) holding that ambiguous agreement between attorney and client must be construed in the clients favor (E) holding client is not liable for actions of attorney who misled client as to the status of case
Example Output:
(A)