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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

claims); see also Stewart, 104 N.M. at 748, 726 P.2d at 1378 (“An insurance policy is a contract and is generally governed by the law of contracts, and the rights and duties of the parties are to be determined by its terms.” (internal quotation marks and citation omitted)). Thus, we held that 8.75% was the proper interest to be assessed on the contract damages. {40} Like the trial court in Teague-Strebeck, the trial court in our case awarded damages based on the insurance contract— $100,000 in UM coverage. See 1999-NMCA-109, ¶¶63-64, 127 N.M. 603, 985 P.2d 1183 (observing that the plaintiff “was awarded the benefit of its bargain, the extent of insurance coverage promised by [the defendant’s agent]”); cf. Ellis v. Cigna Prop. & Cas. Cos., 1999-NMSC-034, ¶1, 128 N.M. 54, 989 P.2d 429 (<HOLDING>). We therefore conclude that 8.75% is the 
 Holding statements: (A) holding that sixyear contract statute of limitations did not apply reasoning that an action to recover damages for personal injuries based on breach of warranty is only nominally based on contract (B) holding that this courts sixyear statute of limitations is jurisdictional (C) holding that sixyear statute of limitations in  65314 is applicable to violations of  7202 (D) recognizing a sixyear statute of limitations on claims filed under the coal act (E) holding that the sixyear statute of limitations on a written contract is applicable to a cause of action based on a um policy
holding that sixyear contract statute of limitations did not apply reasoning that an action to recover damages for personal injuries based on breach of warranty is only nominally based on contract

quantity function as elements by increasing the maximum penalty a defendant may receive, are they elements of an aggravated offense or are they sentencing factors with heightened due process requirements? See id. at 573, 575 (Hug, J., concurring) (disagreeing with the majority’s apparent conclusion that the penalty provisions of § 841(b) are not elements of the offense). The district court correctly interpreted Buckland as holding that drug type and quantity are not elements of the offense, but rather are material facts that must be submitted to the jury and proved beyond a reasonable doubt. The Buckland opinion emphasized that the relevant inquiry is not whether a penalty provision is an element, but rather whether it exposes the defendant to a longer sentence than woul (9th Cir.2002) (<HOLDING>); United States v. Minore, 292 F.3d 1109, 
 Holding statements: (A) recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so (B) holding jury is entitled to accept the states version of the facts and reject appellants version or reject any of the witnesses testimony (C) holding that biased on buckland we must reject valensias contention that the sentencing provisions of  841 create separate crimes (D) holding that under the crimes code conspiracy and the completed substantive offense are separate crimes (E) holding the crimes merge where the jury was not asked to determine whether two assaults occurredeventhough the evidence may have been sufficient to support separate crimes
recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so

other violent acts reflects society’s concern for protection against criminal behavior. Ordinarily, the public relies on law-enforcement officers to prevent such behavior. Consequently, those officers are entrusted with powers not possessed by the general public, such as the power to arrest and interrogate. When exercising those powers, however, law-enforcement officers are circumscribed by cherished constitutional rights of every citizen. Those rights include freedom from arrest or seizure without probable cause, U.S. Const. amend. IV; N.J. Const. of 1947 art. I, § 7; the right to counsel, U.S. Const, amends. V & VI; N.J Const, of 1947 art. I, § 10; and the right to remain silent when accused of a crime, U.S. Const, amend. V; cf. State v. Hartley, 103 N.J. 252, 281, 511 A.2d 80 (1986) (<HOLDING>). Police may not arrest someone on a mere whim 
 Holding statements: (A) recognizing commonlaw privilege against selfincrimination (B) holding a suit against an agency of the state is a suit against the state (C) recognizing claim against bank receiver (D) recognizing puerto rico law creates substantive claim against liability insurer distinct from claim against insured (E) recognizing federal constitutional claim against the united states

holding a suit against an agency of the state is a suit against the state