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.

Input: Consider Input: involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011. Ortega argues that the sole evidence of a conspiracy existing at the time of the seizure of 7.2 kilograms of cocaine on March 25, 2011 was the April 17, 2011 phone calls between Ortega and El Don. In that call Ortega had arranged for El Don to buy five kilograms of cocaine. Ortega’s argument is unavailing. A conspiracy between Ortega and El Don having been established by the government, the burden rested with Ortega to prove that he affirmatively withdrew from it, not with the government to prove the nonexistence of withdrawal. See Smith v. United States, — U.S. -, 133 S.Ct. 714, 720, 184 L.Ed.2d 570 (2013) (<HOLDING>). We conclude that Ortega has not met his 
 Holding statements: (A) holding that in passing 21 usc  846 congress left the common law burden of proving the affirmative defense of withdrawal on the defendant rather than requiring the government to prove nonexistence of withdrawal (B) holding that the government was not responsible for delay from withdrawal of guilty plea (C) holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea (D) holding that defendant was responsible for the delay from the withdrawal of his guilty plea (E) holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence

Output: (A)


Input: Consider Input: that the State of Colorado is immune from suit under the Eleventh Amendment, and that the District Court properly dismissed the Plaintiffs’ claim against Colorado for lack of subject matter jurisdiction. We next turn to the court’s decision to dismiss the Plaintiffs’ claim against the University of Colorado Board of Regents for lack of standing. We need not address this issue, however, because the Colorado Board of Regents is, like the state itself, entitled to Eleventh Amendment immunity. See Buchwald v. Univ. of N.M. Sch. of Med., 159 F.3d 487, 494 n. 3 (10th Cir. 1998) (“[W]e have no doubt that UNMSM, its Regents, and the Committee on Admissions are ‘arms of the state,’ entitled to Eleventh Amendment immunity.”); Lujan v. Regents of Univ. of Cal., 69 F.3d 1511, 1522 (10th Cir.1995) (<HOLDING>); Hensel v. Office of Chief Admin. Hearing 
 Holding statements: (A) holding that the eleventh amendment protects a state from suit by its own citizens (B) holding that the university of californias board of regents is shielded from suit under the eleventh amendment (C) holding that a debtors adversary proceeding against the university of virginia to determine the dischargeability of a debt is a suit for eleventh amendment purposes (D) holding that governors duty to nominate and appoint members of the board of regents of the university of hawaii is subject to a reasonable time standard judged by the totality of the circumstances (E) holding that the department of corrections was entitled to eleventh amendment immunity from suit under section 1981

Output: (B)


Input: Consider Input: is likewise unavailing. Voidness for purposes of a 60(b)(4) motion contemplates lack of jurisdiction or defects in due process that deprive a party of notice or an opportunity to be heard. Espinosa, 559 U.S. at 271, 130 S.Ct. at 1377. It is not sufficient to cite a regulation that makes use of the word “void,” see 31 C.F.R. § 598.205(a) and (e), and Herrera does not provide additional argument for why execution of OFAC-blocked assets without a license constitutes a “fundamental infirmity.” See Espinosa, 559 U.S. at 270, 130 S.Ct. at 1377. Motions filed pursuant to Rule 60(b)(6) and 60(b)(3) are not subject to the very generous timing considerations that 60(b)(4) motions are because they do not carry the same jurisdictional and due process concerns. See, e.g., Hertz, 16 F.3d at 1130 (<HOLDING>). Thus, they “must be made within a reasonable 
 Holding statements: (A) holding argument based on economic loss rule waived when raised for first time in posttrial motions (B) holding only that rule 60b4 motions are not subject to the reasonable time requirement (C) holding that excessive force claims are not subject to exhaustion requirement (D) holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions (E) holding pcr motions alleging an illegal sentence are not subject to the timebar


Output: (B)