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.
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Question: appropriate relief for such a violation is for the habeas court to “vacate the judgment of conviction and enter a new judgment from which an appeal can be taken.” Id. Defendant argues that the Peak line of eases applies to his situation, and that his appellate rights should thus be reinstated. However, the Peak rule does not apply in defendant’s ease, as the appeal at issue is not an appeal from a conviction. A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing. Borrego v. United States, 975 F.Supp. 520, 523 (S.D.N.Y.1997). This follows logically from the fact that there is no guaranteed constitutional right to counsel at the supervised release revocation hearing itself. See United States v. Meeks, 25 F.3d 1117, 1123 (2d Cir.1994)(<HOLDING>); see also United States v. Pelensky, 129 F.3d 
 Holding statements: (A) holding that defendants have a right to counsel in criminal proceedings (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) recognizing constitutional right to effective counsel (D) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (E) holding that most of the fundamental constitutional procedural protections that are normally applicable to a criminal prosecution are not required for supervisedrelease proceedings as a matter of constitutional law including a right to counsel

Answer: (E)


Question: (8th Cir.2007)). “Continuances are generally disfavored and are not granted without a compelling reason.” Id. We have held the FSA is not retroactive. See United States v. Smith, 632 F.3d 1043, 1047-49 (8th Cir.2011) (concluding “the general savings statute, 1 U.S.C. § 109, requires us to apply the penalties in place at the time the crime was committed”) (quoting United States v. Brewer, 624 F.3d 900, 909-10 n. 7 (8th Cir.2010) (internal quotation marks omitted)); United States v. McBride, — Fed.Appx. -,-, No. 10-2689, 2011 WL 2206725, at *2 (8th Cir.June 8, 2011) (unpub. per curiam). But even if we assume Woods can show prejudice, Woods fails to provide any support for his contention the district court abused its discretion in denying his motion. See id. at-, 2011 WL 2206725, at *3 (<HOLDING>); United States v. Hawthorne, 414 Fed.Appx. 
 Holding statements: (A) holding the district court did not abuse its discretion in denying a second continuance until congress acted on the fsa and assuming error no prejudice exists because the fsa is not retroactive (B) holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing (C) holding that the hearing officer did not abuse her discretion in denying a continuance because she acted within reason by accommodating the attorney (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form

Answer: (A)


Question: electronic receipts, that indicate that both Gillette and Mohamed clicked the ‘Yes, I agree” buttons on the Uber application, as depicted in the pictures above. See Colman Decl. Mohamed at ¶ 13-16; Colman Decl. Gillette at ¶ 12. Moreover, it is undisputed that Uber requires drivers to indicate acceptance of the relevant agreements before a driver can continue to use the Uber application, and it is similarly undisputed that both Gillette and Mohamed did, in fact, drive for Uber. Thus, Uber has submitted sufficiently probative evidence that Gillette and Mohamed took some affirmative step to indicate an assent to be bound (i.e., they clicked ‘Yes, I agree” on two separate application screens). See Tompkins v. 23andMe, Inc., 2014 WL 2903752, at *7 (N.D.Cal. Jun. 25, 2014) (Koh, J.) (<HOLDING>) (citing Feldman v. Google, Inc., 513 F.Supp.2d 
 Holding statements: (A) holding that an individuals access to a service or website that requires an indication of assent to contractual terms before access to the service or website will be granted was sufficient evidence that the user clicked i accept  (B) holding that user access codes that facilitated access to a law enforcement database were properly redacted under exemption 7e (C) holding that riminis claim that they had permission from their clients to access oracles  website is irrelevant under the state statutes (D) holding that the plaintiff presented sufficient evidence to establish an agency relationship for service to be effective (E) holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service

Answer:
(A)